Rep. Lou Lang

Filed: 11/26/2014

 

 


 

 


 
09800SB3028ham001LRB098 16947 RLC 62522 a

1
AMENDMENT TO SENATE BILL 3028

2    AMENDMENT NO. ______. Amend Senate Bill 3028 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Compassionate Use of Medical Cannabis Pilot
5Program Act is amended by changing Sections 15, 35, 65, 95,
6105, 110, 115, 120, 140, 145, 150, 165, 175, and 185 as
7follows:
 
8    (410 ILCS 130/15)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 15. Authority.
11    (a) It is the duty of the Department of Public Health to
12enforce the following provisions of this Act unless otherwise
13provided for by this Act:
14        (1) establish and maintain a confidential registry of
15    qualifying patients authorized to engage in the medical use
16    of cannabis and their caregivers;

 

 

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1        (2) distribute educational materials about the health
2    risks associated with the abuse of cannabis and
3    prescription medications;
4        (3) adopt rules to administer the patient and caregiver
5    registration program; and
6        (4) adopt rules establishing food handling
7    requirements for cannabis-infused products that are
8    prepared for human consumption.
9    (b) It is the duty of the Department of Agriculture to
10enforce the provisions of this Act relating to the registration
11and oversight of cultivation centers unless otherwise provided
12for in this Act.
13    (c) It is the duty of the Department of Financial and
14Professional Regulation to enforce the provisions of this Act
15relating to the registration and oversight of dispensing
16organizations unless otherwise provided for in this Act.
17    (d) The Department of Public Health, the Department of
18Agriculture, or the Department of Financial and Professional
19Regulation shall enter into intergovernmental agreements, as
20necessary, to carry out the provisions of this Act including,
21but not limited to, the provisions relating to the registration
22and oversight of cultivation centers, dispensing
23organizations, and qualifying patients and caregivers.
24    (e) The Department of Public Health, Department of
25Agriculture, or the Department of Financial and Professional
26Regulation may suspend, or revoke, or impose other penalties

 

 

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1upon a registration for violations of this Act and any rules
2adopted in accordance thereto. The suspension or revocation of,
3or imposition of any other penalty upon a registration is a
4final Agency action, subject to judicial review. Jurisdiction
5and venue for judicial review are vested in the Circuit Court.
6(Source: P.A. 98-122, eff. 1-1-14.)
 
7    (410 ILCS 130/35)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 35. Physician requirements.
10    (a) A physician who certifies a debilitating medical
11condition for a qualifying patient shall comply with all of the
12following requirements:
13        (1) The Physician shall be currently licensed under the
14    Medical Practice Act of 1987 to practice medicine in all
15    its branches and in good standing, and must hold a
16    controlled substances license under Article III of the
17    Illinois Controlled Substances Act.
18        (2) A physician making a medical cannabis
19    recommendation shall comply with generally accepted
20    standards of medical practice, the provisions of the
21    Medical Practice Act of 1987 and all applicable rules.
22        (3) The physical examination required by this Act may
23    not be performed by remote means, including telemedicine.
24        (4) The physician shall maintain a record-keeping
25    system for all patients for whom the physician has

 

 

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1    recommended the medical use of cannabis. These records
2    shall be accessible to and subject to review by the
3    Department of Public Health and the Department of Financial
4    and Professional Regulation upon request.
5    (b) A physician may not:
6        (1) accept, solicit, or offer any form of remuneration
7    from or to a qualifying patient, primary caregiver,
8    cultivation center, or dispensing organization, including
9    each principal officer, board member, agent, and employee,
10    to certify a patient, other than accepting payment from a
11    patient for the fee associated with the required
12    examination required prior to certifying a qualifying
13    patient;
14        (2) offer a discount of any other item of value to a
15    qualifying patient who uses or agrees to use a particular
16    primary caregiver or dispensing organization to obtain
17    medical cannabis;
18        (3) conduct a personal physical examination of a
19    patient for purposes of diagnosing a debilitating medical
20    condition at a location where medical cannabis is sold or
21    distributed or at the address of a principal officer,
22    agent, or employee or a medical cannabis organization;
23        (4) hold a direct or indirect economic interest in a
24    cultivation center or dispensing organization if he or she
25    recommends the use of medical cannabis to qualified
26    patients or is in a partnership or other fee or

 

 

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1    profit-sharing relationship with a physician who
2    recommends medical cannabis, except for the limited
3    purpose of performing a medical cannabis related research
4    study;
5        (5) serve on the board of directors or as an employee
6    of a cultivation center or dispensing organization;
7        (6) refer patients to a cultivation center, a
8    dispensing organization, or a registered designated
9    caregiver; or
10        (7) advertise in a cultivation center or a dispensing
11    organization.
12    (c) The Department of Public Health may with reasonable
13cause refer a physician, who has certified a debilitating
14medical condition of a patient, to the Illinois Department of
15Financial and Professional Regulation for potential violations
16of this Section.
17    (d) Any violation of this Section or any other provision of
18this Act or rules adopted under this Act is a violation of the
19Medical Practice Act of 1987.
20(Source: P.A. 98-122, eff. 1-1-14.)
 
21    (410 ILCS 130/65)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 65. Denial of registry identification cards.
24    (a) The Department of Public Health may deny an application
25or renewal of a qualifying patient's registry identification

 

 

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1card only if the applicant:
2        (1) did not provide the required information and
3    materials;
4        (2) previously had a registry identification card
5    revoked;
6        (3) did not meet the requirements of this Act; or
7        (4) provided false or falsified information.
8    (b) No person who has been convicted of a felony under the
9Illinois Controlled Substances Act, Cannabis Control Act, or
10Methamphetamine Control and Community Protection Act, or
11similar provision in a local ordinance or other jurisdiction is
12eligible to receive a registry identification card.
13    (c) The Department of Public Health may deny an application
14or renewal for a designated caregiver chosen by a qualifying
15patient whose registry identification card was granted only if:
16        (1) the designated caregiver does not meet the
17    requirements of subsection (i) of Section 10;
18        (2) the applicant did not provide the information
19    required;
20        (3) the prospective patient's application was denied;
21        (4) the designated caregiver previously had a registry
22    identification card revoked; or
23        (5) the applicant or the designated caregiver provided
24    false or falsified information.
25    (d) The Department of Public Health through the Department
26of State Police shall conduct a background check of the

 

 

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1prospective qualifying patient and designated caregiver in
2order to carry out this Section. The Department of State Police
3shall charge a fee for conducting the criminal history record
4check, which shall be deposited in the State Police Services
5Fund and shall not exceed the actual cost of the record check.
6Each person applying as a qualifying patient or a designated
7caregiver shall submit a full set of fingerprints to the
8Department of State Police for the purpose of obtaining a state
9and federal criminal records check. These fingerprints shall be
10checked against the fingerprint records now and hereafter, to
11the extent allowed by law, filed in the Department of State
12Police and Federal Bureau of Investigation criminal history
13records databases. The Department of State Police shall
14furnish, following positive identification, all Illinois
15conviction information to the Department of Public Health. The
16Department of Public Health may waive the submission of a
17qualifying patient's complete fingerprints based on (1) the
18severity of the patient's illness and (2) the inability of the
19qualifying patient to supply those fingerprints, provided that
20a complete criminal background check is conducted by the
21Department of State Police prior to the issuance of a registry
22identification card. The Department of Public Health through
23the Illinois State Police shall conduct a background check of
24the prospective qualifying patient and designated caregiver in
25order to carry out this provision. The Department of State
26Police shall be reimbursed for the cost of the background check

 

 

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1by the Department of Public Health. Each person applying as a
2qualifying patient or a designated caregiver shall submit a
3full set of fingerprints to the Department of Public Health for
4the purpose of obtaining a state and federal criminal records
5check. The Department of Public Health may exchange this data
6with the Department of State Police or the Federal Bureau of
7Investigation without disclosing that the records check is
8related to this Act. The Department of Public Health shall
9destroy each set of fingerprints after the criminal records
10check is completed. The Department of Public Health may waive
11the submission of a qualifying patient's complete fingerprints
12based on (1) the severity of the patient's illness and (2) the
13inability of the qualifying patient to obtain those
14fingerprints, provided that a complete criminal background
15check is conducted by the Department of State Police prior to
16the issuance of a registry identification card.
17    (e) The Department of Public Health shall notify the
18qualifying patient who has designated someone to serve as his
19or her designated caregiver if a registry identification card
20will not be issued to the designated caregiver.
21    (f) Denial of an application or renewal is considered a
22final Department action, subject to judicial review.
23Jurisdiction and venue for judicial review are vested in the
24Circuit Court.
25(Source: P.A. 98-122, eff. 1-1-14.)
 

 

 

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1    (410 ILCS 130/95)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 95. Background checks.
4    (a) The Department of Agriculture through the Department of
5State Police shall conduct a background check of the
6prospective cultivation center agents. The Department of State
7Police shall charge a fee for conducting the criminal history
8record check, which shall be deposited in the State Police
9Services Fund and shall not exceed the actual cost of the
10record check. In order to carry out this provision, each person
11applying as a cultivation center agent shall submit a full set
12of fingerprints to the Department of State Police for the
13purpose of obtaining a State and federal criminal records
14check. These fingerprints shall be checked against the
15fingerprint records now and hereafter, to the extent allowed by
16law, filed in the Department of State Police and Federal Bureau
17of Investigation criminal history records databases. The
18Department of State Police shall furnish, following positive
19identification, all Illinois conviction information to the
20Department of Agriculture. The Department of Agriculture
21through the Department of State Police shall conduct a
22background check of the prospective cultivation center agents.
23The Department of State Police shall be reimbursed for the cost
24of the background check by the Department of Agriculture. In
25order to carry out this provision, each person applying as a
26cultivation center agent shall submit a full set of

 

 

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1fingerprints to the Department of Agriculture for the purpose
2of obtaining a State and federal criminal records check. The
3Department of Agriculture may exchange this data with the
4Department of State Police and the Federal Bureau of
5Investigation without disclosing that the records check is
6related to this Act. The Department of Agriculture shall
7destroy each set of fingerprints after the criminal records
8check is complete.
9    (b) When applying for the initial permit, the background
10checks for the principal officer, board members, and registered
11agents shall be completed prior to submitting the application
12to the Department of Agriculture.
13(Source: P.A. 98-122, eff. 1-1-14.)
 
14    (410 ILCS 130/105)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 105. Requirements; prohibitions; penalties for
17cultivation centers.
18    (a) The operating documents of a registered cultivation
19center shall include procedures for the oversight of the
20cultivation center, a cannabis plant monitoring system
21including a physical inventory recorded weekly, a cannabis
22container system including a physical inventory recorded
23weekly, accurate record keeping, and a staffing plan.
24    (b) A registered cultivation center shall implement a
25security plan reviewed by the State Police and including but

 

 

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1not limited to: facility access controls, perimeter intrusion
2detection systems, personnel identification systems, 24-hour
3surveillance system to monitor the interior and exterior of the
4registered cultivation center facility and accessible to
5authorized law enforcement and the Department of Agriculture
6Financial and Professional Regulation in real-time.
7    (c) A registered cultivation center may not be located
8within 2,500 feet of the property line of a pre-existing public
9or private preschool or elementary or secondary school or day
10care center, day care home, group day care home, part day child
11care facility, or an area zoned for residential use.
12    (d) All cultivation of cannabis for distribution to a
13registered dispensing organization must take place in an
14enclosed, locked facility as it applies to cultivation centers
15at the physical address provided to the Department of
16Agriculture during the registration process. The cultivation
17center location shall only be accessed by the cultivation
18center agents working for the registered cultivation center,
19Department of Agriculture staff performing inspections,
20Department of Public Health staff performing inspections, law
21enforcement or other emergency personnel, and contractors
22working on jobs unrelated to medical cannabis, such as
23installing or maintaining security devices or performing
24electrical wiring.
25    (e) A cultivation center may not sell or distribute any
26cannabis to any individual or entity other than a dispensary

 

 

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1organization registered under this Act.
2    (f) All harvested cannabis intended for distribution to a
3dispensing organization must be packaged in a labeled medical
4cannabis container and entered into a data collection system.
5    (g) No person who has been convicted of an excluded offense
6may be a cultivation center agent.
7    (h) Registered cultivation centers are subject to random
8inspection by the State Police.
9    (i) Registered cultivation centers are subject to random
10inspections by the Department of Agriculture and the Department
11of Public Health.
12    (j) A cultivation center agent shall notify local law
13enforcement, the State Police, and the Department of
14Agriculture within 24 hours of the discovery of any loss or
15theft. Notification shall be made by phone or in-person, or by
16written or electronic communication.
17    (k) A cultivation center shall comply with all State and
18federal rules and regulations regarding the use of pesticides.
19(Source: P.A. 98-122, eff. 1-1-14.)
 
20    (410 ILCS 130/110)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 110. Suspension; revocation; other penalties for
23cultivation centers and agents of a registration.
24    Notwithstanding any other criminal penalties related to
25the unlawful possession of cannabis, the Department of

 

 

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1Agriculture may revoke, suspend, place on probation,
2reprimand, issue cease and desist orders, refuse to issue or
3renew a registration, or take any other disciplinary or
4non-disciplinary action as the Department of Agriculture may
5deem proper with regard to a registered cultivation center or
6cultivation center agent, including imposing fines not to
7exceed $50,000 for each violation, for any violations of this
8Act and rules adopted under this Act. The procedures for
9disciplining a registered cultivation center or cultivation
10center agent and for administrative hearings shall be
11determined by rule. All final administrative decisions of the
12Department of Agriculture are subject to judicial review under
13the Administrative Review Law and its rules. The term
14"administrative decision" is defined as in Section 3-101 of the
15Code of Civil Procedure. (a) The Department of Agriculture may
16suspend or revoke a registration for violations of this Act and
17rules issued in accordance with this Section.
18    (b) The suspension or revocation of a certificate is a
19final Department of Agriculture action, subject to judicial
20review. Jurisdiction and venue for judicial review are vested
21in the Circuit Court.
22(Source: P.A. 98-122, eff. 1-1-14.)
 
23    (410 ILCS 130/115)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 115. Registration of dispensing organizations.

 

 

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1    (a) The Department of Financial and Professional
2Regulation may issue up to 60 dispensing organization
3registrations for operation. The Department of Financial and
4Professional Regulation may not issue less than the 60
5registrations if there are qualified applicants who have
6applied with the Department of Financial and Professional
7Regulation. The organizations shall be geographically
8dispersed throughout the State to allow all registered
9qualifying patients reasonable proximity and access to a
10dispensing organization.
11    (b) A dispensing organization may only operate if it has
12been issued a registration from the Department of Financial and
13Professional Regulation. The Department of Financial and
14Professional Regulation shall adopt rules establishing the
15procedures for applicants for dispensing organizations.
16    (c) When applying for a dispensing organization
17registration, the applicant shall submit, at a minimum, the
18following in accordance with Department of Financial and
19Professional Regulation rules:
20        (1) a non-refundable application fee established by
21    rule;
22        (2) the proposed legal name of the dispensing
23    organization;
24        (3) the proposed physical address of the dispensing
25    organization;
26        (4) the name, address, and date of birth of each

 

 

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1    principal officer and board member of the dispensing
2    organization, provided that all those individuals shall be
3    at least 21 years of age;
4        (5) information, in writing, regarding any instances
5    in which a business or not-for-profit that any of the
6    prospective board members managed or served on the board
7    was convicted, fined, censured, or had a registration
8    suspended or revoked in any administrative or judicial
9    proceeding;
10        (6) proposed operating by-laws that include procedures
11    for the oversight of the medical cannabis dispensing
12    organization and procedures to ensure accurate record
13    keeping and security measures that are in accordance with
14    the rules applied by the Department of Financial and
15    Professional Regulation under this Act. The by-laws shall
16    include a description of the enclosed, locked facility
17    where medical cannabis will be stored by the dispensing
18    organization; and
19        (7) signed statements from each dispensing
20    organization agent stating that they will not divert
21    medical cannabis.
22    (d) The Department of Financial and Professional
23Regulation shall conduct a background check of the prospective
24dispensing organization agents in order to carry out this
25Section. The Department of State Police shall charge a fee for
26conducting the criminal history record check, which shall be

 

 

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1deposited in the State Police Services Fund and shall not
2exceed the actual cost of the record check. Each person
3applying as a dispensing organization agent shall submit a full
4set of fingerprints to the Department of State Police for the
5purpose of obtaining a state and federal criminal records
6check. These fingerprints shall be checked against the
7fingerprint records now and hereafter, to the extent allowed by
8law, filed in the Department of State Police and Federal Bureau
9of Investigation criminal history records databases. The
10Department of State Police shall furnish, following positive
11identification, all Illinois conviction information to the
12Department of Financial and Professional Regulation. The
13Department of Financial and Professional Regulation shall
14conduct a background check of the prospective dispensing
15organization agents in order to carry out this provision. The
16Department of State Police shall be reimbursed for the cost of
17the background check by the Department of Financial and
18Professional Regulation. Each person applying as a dispensing
19organization agent shall submit a full set of fingerprints to
20the Department of Financial and Professional Regulation for the
21purpose of obtaining a state and federal criminal records
22check. The Department of Financial and Professional Regulation
23may exchange this data with the Department of State Police and
24the Federal Bureau of Investigation without disclosing that the
25records check is related to this Act. The Department of
26Financial and Professional Regulation shall destroy each set of

 

 

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1fingerprints after the criminal records check is completed.
2    (e) A dispensing organization must pay a registration fee
3set by the Department of Financial and Professional Regulation.
4    (f) An application for a medical cannabis dispensing
5organization registration must be denied if any of the
6following conditions are met:
7        (1) the applicant failed to submit the materials
8    required by this Section, including if the applicant's
9    plans do not satisfy the security, oversight, or
10    recordkeeping rules issued by the Department of Financial
11    and Professional Regulation;
12        (2) the applicant would not be in compliance with local
13    zoning rules issued in accordance with Section 140;
14        (3) the applicant does not meet the requirements of
15    Section 130;
16        (4) one or more of the prospective principal officers
17    or board members has been convicted of an excluded offense;
18        (5) one or more of the prospective principal officers
19    or board members has served as a principal officer or board
20    member for a registered medical cannabis dispensing
21    organization that has had its registration revoked;
22        (6) one or more of the principal officers or board
23    members is under 21 years of age; and
24        (7) one or more of the principal officers or board
25    members is a registered qualified patient or a registered
26    caregiver.

 

 

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1(Source: P.A. 98-122, eff. 1-1-14.)
 
2    (410 ILCS 130/120)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 120. Dispensing organization agent identification
5card.
6    (a) The Department of Financial and Professional
7Regulation shall:
8        (1) verify the information contained in an application
9    or renewal for a dispensing organization agent
10    identification card submitted under this Act, and approve
11    or deny an application or renewal, within 30 days of
12    receiving a completed application or renewal application
13    and all supporting documentation required by rule;
14        (2) issue a dispensing organization agent
15    identification card to a qualifying agent within 15
16    business days of approving the application or renewal;
17        (3) enter the registry identification number of the
18    dispensing organization where the agent works; and
19        (4) allow for an electronic application process, and
20    provide a confirmation by electronic or other methods that
21    an application has been submitted.
22    (b) A dispensing agent must keep his or her identification
23card visible at all times when on the property of a dispensing
24organization.
25    (c) The dispensing organization agent identification cards

 

 

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1shall contain the following:
2        (1) the name of the cardholder;
3        (2) the date of issuance and expiration date of the
4    dispensing organization agent identification cards;
5        (3) a random 10 digit alphanumeric identification
6    number containing at least 4 numbers and at least 4
7    letters; that is unique to the holder; and
8        (4) a photograph of the cardholder.
9    (d) The dispensing organization agent identification cards
10shall be immediately returned to the dispensing organization
11cultivation center upon termination of employment.
12    (e) Any card lost by a dispensing organization agent shall
13be reported to the Illinois State Police and the Department of
14Financial and Professional Regulation Agriculture immediately
15upon discovery of the loss.
16    (f) An applicant shall be denied a dispensing organization
17agent identification card if he or she has been convicted of an
18excluded offense.
19(Source: P.A. 98-122, eff. 1-1-14.)
 
20    (410 ILCS 130/140)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 140. Local ordinances. A unit of local government may
23enact reasonable zoning ordinances or resolutions, not in
24conflict with this Act or with Department of Agriculture or
25Department of Financial and Professional Regulation Public

 

 

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1Health rules, regulating registered medical cannabis
2cultivation center or medical cannabis dispensing
3organizations. No unit of local government, including a home
4rule unit, or school district may regulate registered medical
5cannabis organizations other than as provided in this Act and
6may not unreasonably prohibit the cultivation, dispensing, and
7use of medical cannabis authorized by this Act. This Section is
8a denial and limitation under subsection (i) of Section 6 of
9Article VII of the Illinois Constitution on the concurrent
10exercise by home rule units of powers and functions exercised
11by the State.
12(Source: P.A. 98-122, eff. 1-1-14.)
 
13    (410 ILCS 130/145)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 145. Confidentiality.
16    (a) The following information received and records kept by
17the Department of Public Health, Department of Financial and
18Professional Regulation, Department of Agriculture, or
19Department of State Police under their rules for purposes of
20administering this Act are subject to all applicable federal
21privacy laws, confidential, and exempt from the Freedom of
22Information Act, and not subject to disclosure to any
23individual or public or private entity, except as necessary for
24authorized employees of those authorized agencies to perform
25official duties under this Act and the following , except that

 

 

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1the information received and records kept by Department of
2Public Health, Department of Agriculture, Department of
3Financial and Professional Regulation, and Department of State
4Police, excluding any existing or non-existing Illinois or
5national criminal history record information as defined in
6subsection (d), may be disclosed may disclose this information
7and records to each other upon request:
8        (1) Applications and renewals, their contents, and
9    supporting information submitted by qualifying patients
10    and designated caregivers, including information regarding
11    their designated caregivers and physicians.
12        (2) Applications and renewals, their contents, and
13    supporting information submitted by or on behalf of
14    cultivation centers and dispensing organizations in
15    compliance with this Act, including their physical
16    addresses.
17        (3) The individual names and other information
18    identifying persons to whom the Department of Public Health
19    has issued registry identification cards.
20        (4) Any dispensing information required to be kept
21    under Section 135, Section 150, or Department of Public
22    Health, Department of Agriculture, or Department of
23    Financial and Professional Regulation rules shall identify
24    cardholders and registered cultivation centers by their
25    registry identification numbers and medical cannabis
26    dispensing organizations by their registration number and

 

 

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1    not contain names or other personally identifying
2    information.
3        (5) All medical records provided to the Department of
4    Public Health in connection with an application for a
5    registry card.
6    (b) Nothing in this Section precludes the following:
7        (1) Department of Agriculture, Department of Financial
8    and Professional Regulation, or Public Health employees
9    may notify law enforcement about falsified or fraudulent
10    information submitted to the Departments if the employee
11    who suspects that falsified or fraudulent information has
12    been submitted conferred with his or her supervisor and
13    both agree that circumstances exist that warrant
14    reporting.
15        (2) If the employee conferred with his or her
16    supervisor and both agree that circumstances exist that
17    warrant reporting, Department of Public Health employees
18    may notify the Department of Financial and Professional
19    Regulation if there is reasonable cause to believe a
20    physician:
21            (A) issued a written certification without a bona
22        fide physician-patient relationship under this Act;
23            (B) issued a written certification to a person who
24        was not under the physician's care for the debilitating
25        medical condition; or
26            (C) failed to abide by the acceptable and

 

 

09800SB3028ham001- 23 -LRB098 16947 RLC 62522 a

1        prevailing standard of care when evaluating a
2        patient's medical condition.
3        (3) The Department of Public Health, Department of
4    Agriculture, and Department of Financial and Professional
5    Regulation may notify State or local law enforcement about
6    apparent criminal violations of this Act if the employee
7    who suspects the offense has conferred with his or her
8    supervisor and both agree that circumstances exist that
9    warrant reporting.
10        (4) Medical cannabis cultivation center agents and
11    medical cannabis dispensing organizations may notify the
12    Department of Public Health, Department of Financial and
13    Professional Regulation, or Department of Agriculture of a
14    suspected violation or attempted violation of this Act or
15    the rules issued under it.
16        (5) Each Department may verify registry identification
17    cards under Section 150.
18        (6) The submission of the report to the General
19    Assembly under Section 160.
20    (c) It is a Class B misdemeanor with a $1,000 fine for any
21person, including an employee or official of the Department of
22Public Health, Department of Financial and Professional
23Regulation, or Department of Agriculture or another State
24agency or local government, to breach the confidentiality of
25information obtained under this Act.
26    (d) The Department of Public Health, the Department of

 

 

09800SB3028ham001- 24 -LRB098 16947 RLC 62522 a

1Agriculture, the Department of State Police, and the Department
2of Financial and Professional Regulation shall not share or
3disclose any existing or non-existing Illinois or national
4criminal history record information. For the purposes of this
5Section, "any existing or non-existing Illinois or national
6criminal history record information" means any Illinois or
7national criminal history record information, including but
8not limited to the lack of or non-existence of these records.
9(Source: P.A. 98-122, eff. 1-1-14.)
 
10    (410 ILCS 130/150)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 150. Registry identification and registration
13certificate verification.
14    (a) The Department of Public Health shall maintain a
15confidential list of the persons to whom the Department of
16Public Health has issued registry identification cards and
17their addresses, phone numbers, and registry identification
18numbers. This confidential list may not be combined or linked
19in any manner with any other list or database except as
20provided in this Section.
21    (b) Within 180 days of the effective date of this Act, the
22Department of Public Health, Department of Financial and
23Professional Regulation, and Department of Agriculture shall
24together establish a computerized database or verification
25system. The database or verification system must allow law

 

 

09800SB3028ham001- 25 -LRB098 16947 RLC 62522 a

1enforcement personnel and medical cannabis dispensary
2organization agents to determine whether or not the
3identification number corresponds with a current, valid
4registry identification card. The system shall only disclose
5whether the identification card is valid, whether the
6cardholder is a registered qualifying patient or a registered
7designated caregiver, the registry identification number of
8the registered medical cannabis dispensing organization
9designated to serve the registered qualifying patient who holds
10the card, and the registry identification number of the patient
11who is assisted by a registered designated caregiver who holds
12the card. The Department of Public Health, the Department of
13Agriculture, the Department of State Police, and the Department
14of Financial and Professional Regulation shall not share or
15disclose any existing or non-existing Illinois or national
16criminal history record information. Notwithstanding any other
17requirements established by this subsection, the Department of
18Public Health shall issue registry cards to qualifying
19patients, the Department of Financial and Professional
20Regulation may issue registration to medical cannabis
21dispensing organizations for the period during which the
22database is being established, and the Department of
23Agriculture may issue registration to medical cannabis
24cultivation organizations for the period during which the
25database is being established.
26    (c) For the purposes of this Section, "any existing or

 

 

09800SB3028ham001- 26 -LRB098 16947 RLC 62522 a

1non-existing Illinois or national criminal history record
2information" means any Illinois or national criminal history
3record information, including but not limited to the lack of or
4non-existence of these records.
5(Source: P.A. 98-122, eff. 1-1-14.)
 
6    (410 ILCS 130/165)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 165. Administrative rulemaking.
9    (a) Not later than 120 days after the effective date of
10this Act, the Department of Public Health, Department of
11Agriculture, and the Department of Financial and Professional
12Regulation shall develop rules in accordance to their
13responsibilities under this Act and file those rules with the
14Joint Committee on Administrative Rules.
15    (b) The Department of Public Health rules shall address,
16but not be limited to, the following:
17        (1) fees for applications for registration as a
18    qualified patient or caregiver;
19        (2) establishing the form and content of registration
20    and renewal applications submitted under this Act,
21    including a standard form for written certifications;
22        (3) governing the manner in which it shall consider
23    applications for and renewals of registry identification
24    cards;
25        (4) the manufacture of medical cannabis-infused

 

 

09800SB3028ham001- 27 -LRB098 16947 RLC 62522 a

1    products;
2        (5) fees for the application and renewal of registry
3    identification cards. Fee revenue may be offset or
4    supplemented by private donations;
5        (6) any other matters as are necessary for the fair,
6    impartial, stringent, and comprehensive administration of
7    this Act; and
8        (7) reasonable rules concerning the medical use of
9    cannabis at a nursing care institution, hospice, assisted
10    living center, assisted living facility, assisted living
11    home, residential care institution, or adult day health
12    care facility.
13    (c) The Department of Agriculture rules shall address, but
14not be limited to the following related to registered
15cultivation centers, with the goal of protecting against
16diversion and theft, without imposing an undue burden on the
17registered cultivation centers:
18        (1) oversight requirements for registered cultivation
19    centers;
20        (2) recordkeeping requirements for registered
21    cultivation centers;
22        (3) security requirements for registered cultivation
23    centers, which shall include that each registered
24    cultivation center location must be protected by a fully
25    operational security alarm system;
26        (4) rules and standards for what constitutes an

 

 

09800SB3028ham001- 28 -LRB098 16947 RLC 62522 a

1    enclosed, locked facility under this Act;
2        (5) procedures for suspending or revoking the
3    registration certificates or registry identification cards
4    of registered cultivation centers and their agents that
5    commit violations of the provisions of this Act or the
6    rules adopted under this Section;
7        (6) rules concerning the intrastate transportation of
8    medical cannabis from a cultivation center to a dispensing
9    organization;
10        (7) standards concerning the testing, quality, and
11    cultivation of medical cannabis;
12        (8) any other matters as are necessary for the fair,
13    impartial, stringent, and comprehensive administration of
14    this Act;
15        (9) application and renewal fees for cultivation
16    center agents; and
17        (10) application, renewal, and registration fees for
18    cultivation centers.
19    (d) The Department of Financial and Professional
20Regulation rules shall address, but not be limited to the
21following matters related to registered dispensing
22organizations, with the goal of protecting against diversion
23and theft, without imposing an undue burden on the registered
24dispensing organizations or compromising the confidentiality
25of cardholders:
26        (1) application and renewal and registration fees for

 

 

09800SB3028ham001- 29 -LRB098 16947 RLC 62522 a

1    dispensing organizations and dispensing organizations
2    agents;
3        (2) medical cannabis dispensing agent-in-charge
4    oversight requirements for dispensing organizations;
5        (3) recordkeeping requirements for dispensing
6    organizations;
7        (4) security requirements for medical cannabis
8    dispensing organizations, which shall include that each
9    registered dispensing organization location must be
10    protected by a fully operational security alarm system;
11        (5) procedures for suspending or revoking suspending
12    the registrations of dispensing organizations and
13    dispensing organization agents that commit violations of
14    the provisions of this Act or the rules adopted under this
15    Act;
16        (6) application and renewal fees for dispensing
17    organizations; and
18        (7) application and renewal fees for dispensing
19    organization agents.
20    (e) The Department of Public Health may establish a sliding
21scale of patient application and renewal fees based upon a
22qualifying patient's household income. The Department of
23Public health may accept donations from private sources to
24reduce application and renewal fees, and registry
25identification card fees shall include an additional fee set by
26rule which shall be used to develop and disseminate educational

 

 

09800SB3028ham001- 30 -LRB098 16947 RLC 62522 a

1information about the health risks associated with the abuse of
2cannabis and prescription medications.
3    (f) During the rule-making process, each Department shall
4make a good faith effort to consult with stakeholders
5identified in the rule-making analysis as being impacted by the
6rules, including patients or a representative of an
7organization advocating on behalf of patients.
8    (g) The Department of Public Health shall develop and
9disseminate educational information about the health risks
10associated with the abuse of cannabis and prescription
11medications.
12(Source: P.A. 98-122, eff. 1-1-14.)
 
13    (410 ILCS 130/175)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 175. Administrative hearings.
16    (a) Administrative hearings involving the Department of
17Public Health, a qualifying patient, or a designated caregiver
18shall be conducted under the Department of Public Health's
19rules governing administrative hearings.
20    (b) Administrative hearings involving the Department of
21Financial and Professional Regulation, dispensing
22organizations, or dispensing organization agents shall be
23conducted under the Department of Financial and Professional
24Regulation's rules governing administrative hearings.
25    (c) Administrative hearings involving the Department of

 

 

09800SB3028ham001- 31 -LRB098 16947 RLC 62522 a

1Agriculture, registered cultivation centers, or cultivation
2center agents shall be conducted under the Department of
3Agriculture's rules governing administrative hearings. All
4administrative hearings under this Act shall be conducted in
5accordance with the Department of Public Health's rules
6governing administrative hearings.
7(Source: P.A. 98-122, eff. 1-1-14.)
 
8    (410 ILCS 130/185)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 185. Suspension revocation of a registration.
11    (a) The Department of Agriculture, the Department of
12Financial and Professional Regulation, and the Department of
13Public Health may suspend or revoke a registration for
14violations of this Act and rules issued in accordance with this
15Section.
16    (b) The suspension or revocation of a registration is a
17final Department action, subject to judicial review.
18Jurisdiction and venue for judicial review are vested in the
19Circuit Court.
20(Source: P.A. 98-122, eff. 1-1-14.)
 
21    Section 10. The Illinois Vehicle Code is amended by
22changing Sections 2-118.1, 6-118, 6-206.1, 6-208.1, 6-514,
2311-501.1, and 11-501.2 and by adding Sections 2-118.2 and
2411-501.9 as follows:
 

 

 

09800SB3028ham001- 32 -LRB098 16947 RLC 62522 a

1    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
2    Sec. 2-118.1. Opportunity for hearing; statutory summary
3alcohol or other drug related suspension or revocation pursuant
4to Section 11-501.1.
5    (a) A statutory summary suspension or revocation of driving
6privileges under Section 11-501.1 shall not become effective
7until the person is notified in writing of the impending
8suspension or revocation and informed that he may request a
9hearing in the circuit court of venue under paragraph (b) of
10this Section and the statutory summary suspension or revocation
11shall become effective as provided in Section 11-501.1.
12    (b) Within 90 days after the notice of statutory summary
13suspension or revocation served under Section 11-501.1, the
14person may make a written request for a judicial hearing in the
15circuit court of venue. The request to the circuit court shall
16state the grounds upon which the person seeks to have the
17statutory summary suspension or revocation rescinded. Within
1830 days after receipt of the written request or the first
19appearance date on the Uniform Traffic Ticket issued pursuant
20to a violation of Section 11-501, or a similar provision of a
21local ordinance, the hearing shall be conducted by the circuit
22court having jurisdiction. This judicial hearing, request, or
23process shall not stay or delay the statutory summary
24suspension or revocation. The hearings shall proceed in the
25court in the same manner as in other civil proceedings.

 

 

09800SB3028ham001- 33 -LRB098 16947 RLC 62522 a

1    The hearing may be conducted upon a review of the law
2enforcement officer's own official reports; provided however,
3that the person may subpoena the officer. Failure of the
4officer to answer the subpoena shall be considered grounds for
5a continuance if in the court's discretion the continuance is
6appropriate.
7    The scope of the hearing shall be limited to the issues of:
8        1. Whether the person was placed under arrest for an
9    offense as defined in Section 11-501, or a similar
10    provision of a local ordinance, as evidenced by the
11    issuance of a Uniform Traffic Ticket, or issued a Uniform
12    Traffic Ticket out of state as provided in subsection (a)
13    or (a-5) of Section 11-501.1; and
14        2. Whether the officer had reasonable grounds to
15    believe that the person was driving or in actual physical
16    control of a motor vehicle upon a highway while under the
17    influence of alcohol, other drug, or combination of both;
18    and
19        3. Whether the person, after being advised by the
20    officer that the privilege to operate a motor vehicle would
21    be suspended or revoked if the person refused to submit to
22    and complete the test or tests, did refuse to submit to or
23    complete the test or tests to determine the person's blood
24    alcohol or drug concentration authorized under Section
25    11-501.1; or
26        4. Whether the person, after being advised by the

 

 

09800SB3028ham001- 34 -LRB098 16947 RLC 62522 a

1    officer that the privilege to operate a motor vehicle would
2    be suspended if the person submits to a chemical test, or
3    tests, and the test discloses an alcohol concentration of
4    0.08 or more, or any amount of a drug, substance, or
5    compound in the person's blood or urine resulting from the
6    unlawful use or consumption of cannabis listed in the
7    Cannabis Control Act, a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound as listed in the Use of Intoxicating Compounds
10    Act, or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act, and the person did
12    submit to and complete the test or tests that determined an
13    alcohol concentration of 0.08 or more.
14        4.2. (Blank). If the person is a qualifying patient
15    licensed under the Compassionate Use of Medical Cannabis
16    Pilot Program Act who is in possession of a valid registry
17    card issued under that Act, after being advised by the
18    officer that the privilege to operate a motor vehicle would
19    be suspended or revoked if the person refused to submit to
20    and complete the test or tests, did refuse to submit to or
21    complete the test or tests authorized under Section
22    11-501.1.
23        4.5. (Blank). If the person is a qualifying patient
24    licensed under the Compassionate Use of Medical Cannabis
25    Pilot Program Act who is in possession of a valid registry
26    card issued under that Act, whether that person, after

 

 

09800SB3028ham001- 35 -LRB098 16947 RLC 62522 a

1    being advised by the officer that the privilege to operate
2    a motor vehicle would be suspended if the person submits to
3    a standardized field sobriety test, or tests, and the test
4    indicates impairment resulting from the consumption of
5    cannabis, did submit to and complete the test or tests that
6    indicated impairment.
7        5. If the person's driving privileges were revoked,
8    whether the person was involved in a motor vehicle accident
9    that caused Type A injury or death to another.
10    Upon the conclusion of the judicial hearing, the circuit
11court shall sustain or rescind the statutory summary suspension
12or revocation and immediately notify the Secretary of State.
13Reports received by the Secretary of State under this Section
14shall be privileged information and for use only by the courts,
15police officers, and Secretary of State.
16(Source: P.A. 98-122, eff. 1-1-14.)
 
17    (625 ILCS 5/2-118.2 new)
18    Sec. 2-118.2. Opportunity for hearing; medical
19cannabis-related suspension under Section 11-501.9.
20    (a) A suspension of driving privileges under Section
2111-501.9 of this Code shall not become effective until the
22person is notified in writing of the impending suspension and
23informed that he or she may request a hearing in the circuit
24court of venue under subsection (b) of this Section and the
25suspension shall become effective as provided in Section

 

 

09800SB3028ham001- 36 -LRB098 16947 RLC 62522 a

111-501.9.
2    (b) Within 90 days after the notice of suspension served
3under Section 11-501.9, the person may make a written request
4for a judicial hearing in the circuit court of venue. The
5request to the circuit court shall state the grounds upon which
6the person seeks to have the suspension rescinded. Within 30
7days after receipt of the written request or the first
8appearance date on the Uniform Traffic Ticket issued for a
9violation of Section 11-501 of this Code, or a similar
10provision of a local ordinance, the hearing shall be conducted
11by the circuit court having jurisdiction. This judicial
12hearing, request, or process shall not stay or delay the
13suspension. The hearing shall proceed in the court in the same
14manner as in other civil proceedings.
15    The hearing may be conducted upon a review of the law
16enforcement officer's own official reports; provided however,
17that the person may subpoena the officer. Failure of the
18officer to answer the subpoena shall be considered grounds for
19a continuance if in the court's discretion the continuance is
20appropriate.
21    The scope of the hearing shall be limited to the issues of:
22        (1) Whether the person was issued a registry
23    identification card under the Compassionate Use of Medical
24    Cannabis Pilot Program Act; and
25        (2) Whether the officer had reasonable suspicion to
26    believe that the person was driving or in actual physical

 

 

09800SB3028ham001- 37 -LRB098 16947 RLC 62522 a

1    control of a motor vehicle upon a highway while impaired by
2    the use of cannabis; and
3        (3) Whether the person, after being advised by the
4    officer that the privilege to operate a motor vehicle would
5    be suspended if the person refused to submit to and
6    complete the field sobriety tests, did refuse to submit to
7    or complete the field sobriety tests authorized under
8    Section 11-501.9; and
9        (4) Whether the person after being advised by the
10    officer that the privilege to operate a motor vehicle would
11    be suspended if the person submitted to field sobriety
12    tests that disclosed the person was impaired by the use of
13    cannabis, did submit to field sobriety tests that disclosed
14    that the person was impaired by the use of cannabis.
15    Upon the conclusion of the judicial hearing, the circuit
16court shall sustain or rescind the suspension and immediately
17notify the Secretary of State. Reports received by the
18Secretary of State under this Section shall be privileged
19information and for use only by the courts, police officers,
20and Secretary of State.
 
21    (625 ILCS 5/6-118)
22    (Text of Section before amendment by P.A. 98-176)
23    Sec. 6-118. Fees.
24    (a) The fee for licenses and permits under this Article is
25as follows:

 

 

09800SB3028ham001- 38 -LRB098 16947 RLC 62522 a

1    Original driver's license.............................$30
2    Original or renewal driver's license
3        issued to 18, 19 and 20 year olds.................. 5
4    All driver's licenses for persons
5        age 69 through age 80.............................. 5
6    All driver's licenses for persons
7        age 81 through age 86.............................. 2
8    All driver's licenses for persons
9        age 87 or older.....................................0
10    Renewal driver's license (except for
11        applicants ages 18, 19 and 20 or
12        age 69 and older)..................................30
13    Original instruction permit issued to
14        persons (except those age 69 and older)
15        who do not hold or have not previously
16        held an Illinois instruction permit or
17        driver's license.................................. 20
18    Instruction permit issued to any person
19        holding an Illinois driver's license
20        who wishes a change in classifications,
21        other than at the time of renewal.................. 5
22    Any instruction permit issued to a person
23        age 69 and older................................... 5
24    Instruction permit issued to any person,
25        under age 69, not currently holding a
26        valid Illinois driver's license or

 

 

09800SB3028ham001- 39 -LRB098 16947 RLC 62522 a

1        instruction permit but who has
2        previously been issued either document
3        in Illinois....................................... 10
4    Restricted driving permit.............................. 8
5    Monitoring device driving permit...................... 8
6    Duplicate or corrected driver's license
7        or permit.......................................... 5
8    Duplicate or corrected restricted
9        driving permit..................................... 5
10    Duplicate or corrected monitoring
11    device driving permit.................................. 5
12    Duplicate driver's license or permit issued to
13        an active-duty member of the
14        United States Armed Forces,
15        the member's spouse, or
16        the dependent children living
17        with the member................................... 0
18    Original or renewal M or L endorsement................. 5
19SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
20        The fees for commercial driver licenses and permits
21    under Article V shall be as follows:
22    Commercial driver's license:
23        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
24        (Commercial Driver's License Information
25        System/American Association of Motor Vehicle
26        Administrators network/National Motor Vehicle

 

 

09800SB3028ham001- 40 -LRB098 16947 RLC 62522 a

1        Title Information Service Trust Fund);
2        $20 for the Motor Carrier Safety Inspection Fund;
3        $10 for the driver's license;
4        and $24 for the CDL:............................. $60
5    Renewal commercial driver's license:
6        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
7        $20 for the Motor Carrier Safety Inspection Fund;
8        $10 for the driver's license; and
9        $24 for the CDL:................................. $60
10    Commercial driver instruction permit
11        issued to any person holding a valid
12        Illinois driver's license for the
13        purpose of changing to a
14        CDL classification: $6 for the
15        CDLIS/AAMVAnet/NMVTIS Trust Fund;
16        $20 for the Motor Carrier
17        Safety Inspection Fund; and
18        $24 for the CDL classification................... $50
19    Commercial driver instruction permit
20        issued to any person holding a valid
21        Illinois CDL for the purpose of
22        making a change in a classification,
23        endorsement or restriction........................ $5
24    CDL duplicate or corrected license.................... $5
25    In order to ensure the proper implementation of the Uniform
26Commercial Driver License Act, Article V of this Chapter, the

 

 

09800SB3028ham001- 41 -LRB098 16947 RLC 62522 a

1Secretary of State is empowered to pro-rate the $24 fee for the
2commercial driver's license proportionate to the expiration
3date of the applicant's Illinois driver's license.
4    The fee for any duplicate license or permit shall be waived
5for any person who presents the Secretary of State's office
6with a police report showing that his license or permit was
7stolen.
8    The fee for any duplicate license or permit shall be waived
9for any person age 60 or older whose driver's license or permit
10has been lost or stolen.
11    No additional fee shall be charged for a driver's license,
12or for a commercial driver's license, when issued to the holder
13of an instruction permit for the same classification or type of
14license who becomes eligible for such license.
15    (b) Any person whose license or privilege to operate a
16motor vehicle in this State has been suspended or revoked under
17Section 3-707, any provision of Chapter 6, Chapter 11, or
18Section 7-205, 7-303, or 7-702 of the Family Financial
19Responsibility Law of this Code, shall in addition to any other
20fees required by this Code, pay a reinstatement fee as follows:
21    Suspension under Section 3-707..................... $100
22    Summary suspension under Section 11-501.1...........$250
23    Suspension under Section 11-501.9....................$250
24    Summary revocation under Section 11-501.1............$500
25    Other suspension......................................$70
26    Revocation...........................................$500

 

 

09800SB3028ham001- 42 -LRB098 16947 RLC 62522 a

1    However, any person whose license or privilege to operate a
2motor vehicle in this State has been suspended or revoked for a
3second or subsequent time for a violation of Section 11-501, or
411-501.1, or 11-501.9 of this Code or a similar provision of a
5local ordinance or a similar out-of-state offense or Section
69-3 of the Criminal Code of 1961 or the Criminal Code of 2012
7and each suspension or revocation was for a violation of
8Section 11-501, or 11-501.1, or 11-501.9 of this Code or a
9similar provision of a local ordinance or a similar
10out-of-state offense or Section 9-3 of the Criminal Code of
111961 or the Criminal Code of 2012 shall pay, in addition to any
12other fees required by this Code, a reinstatement fee as
13follows:
14    Summary suspension under Section 11-501.1............$500
15    Suspension under Section 11-501.9....................$500
16    Summary revocation under Section 11-501.1............$500
17    Revocation...........................................$500
18    (c) All fees collected under the provisions of this Chapter
196 shall be paid into the Road Fund in the State Treasury except
20as follows:
21        1. The following amounts shall be paid into the Driver
22    Education Fund:
23            (A) $16 of the $20 fee for an original driver's
24        instruction permit;
25            (B) $5 of the $30 fee for an original driver's
26        license;

 

 

09800SB3028ham001- 43 -LRB098 16947 RLC 62522 a

1            (C) $5 of the $30 fee for a 4 year renewal driver's
2        license;
3            (D) $4 of the $8 fee for a restricted driving
4        permit; and
5            (E) $4 of the $8 fee for a monitoring device
6        driving permit.
7        2. $30 of the $250 fee for reinstatement of a license
8    summarily suspended under Section 11-501.1 or suspended
9    under Section 11-501.9 shall be deposited into the Drunk
10    and Drugged Driving Prevention Fund. However, for a person
11    whose license or privilege to operate a motor vehicle in
12    this State has been suspended or revoked for a second or
13    subsequent time for a violation of Section 11-501, or
14    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
15    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
16    the $500 fee for reinstatement of a license summarily
17    suspended under Section 11-501.1 or suspended under
18    Section 11-501.9, and $190 of the $500 fee for
19    reinstatement of a revoked license shall be deposited into
20    the Drunk and Drugged Driving Prevention Fund. $190 of the
21    $500 fee for reinstatement of a license summarily revoked
22    pursuant to Section 11-501.1 shall be deposited into the
23    Drunk and Drugged Driving Prevention Fund.
24        3. $6 of such original or renewal fee for a commercial
25    driver's license and $6 of the commercial driver
26    instruction permit fee when such permit is issued to any

 

 

09800SB3028ham001- 44 -LRB098 16947 RLC 62522 a

1    person holding a valid Illinois driver's license, shall be
2    paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
3        4. $30 of the $70 fee for reinstatement of a license
4    suspended under the Family Financial Responsibility Law
5    shall be paid into the Family Responsibility Fund.
6        5. The $5 fee for each original or renewal M or L
7    endorsement shall be deposited into the Cycle Rider Safety
8    Training Fund.
9        6. $20 of any original or renewal fee for a commercial
10    driver's license or commercial driver instruction permit
11    shall be paid into the Motor Carrier Safety Inspection
12    Fund.
13        7. The following amounts shall be paid into the General
14    Revenue Fund:
15            (A) $190 of the $250 reinstatement fee for a
16        summary suspension under Section 11-501.1 or a
17        suspension under Section 11-501.9;
18            (B) $40 of the $70 reinstatement fee for any other
19        suspension provided in subsection (b) of this Section;
20        and
21            (C) $440 of the $500 reinstatement fee for a first
22        offense revocation and $310 of the $500 reinstatement
23        fee for a second or subsequent revocation.
24    (d) All of the proceeds of the additional fees imposed by
25this amendatory Act of the 96th General Assembly shall be
26deposited into the Capital Projects Fund.

 

 

09800SB3028ham001- 45 -LRB098 16947 RLC 62522 a

1    (e) The additional fees imposed by this amendatory Act of
2the 96th General Assembly shall become effective 90 days after
3becoming law.
4    (f) As used in this Section, "active-duty member of the
5United States Armed Forces" means a member of the Armed
6Services or Reserve Forces of the United States or a member of
7the Illinois National Guard who is called to active duty
8pursuant to an executive order of the President of the United
9States, an act of the Congress of the United States, or an
10order of the Governor.
11(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
1298-177, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
13    (Text of Section after amendment by P.A. 98-176)
14    Sec. 6-118. Fees.
15    (a) The fee for licenses and permits under this Article is
16as follows:
17    Original driver's license.............................$30
18    Original or renewal driver's license
19        issued to 18, 19 and 20 year olds.................. 5
20    All driver's licenses for persons
21        age 69 through age 80.............................. 5
22    All driver's licenses for persons
23        age 81 through age 86.............................. 2
24    All driver's licenses for persons
25        age 87 or older.....................................0

 

 

09800SB3028ham001- 46 -LRB098 16947 RLC 62522 a

1    Renewal driver's license (except for
2        applicants ages 18, 19 and 20 or
3        age 69 and older)..................................30
4    Original instruction permit issued to
5        persons (except those age 69 and older)
6        who do not hold or have not previously
7        held an Illinois instruction permit or
8        driver's license.................................. 20
9    Instruction permit issued to any person
10        holding an Illinois driver's license
11        who wishes a change in classifications,
12        other than at the time of renewal.................. 5
13    Any instruction permit issued to a person
14        age 69 and older................................... 5
15    Instruction permit issued to any person,
16        under age 69, not currently holding a
17        valid Illinois driver's license or
18        instruction permit but who has
19        previously been issued either document
20        in Illinois....................................... 10
21    Restricted driving permit.............................. 8
22    Monitoring device driving permit...................... 8
23    Duplicate or corrected driver's license
24        or permit.......................................... 5
25    Duplicate or corrected restricted
26        driving permit..................................... 5

 

 

09800SB3028ham001- 47 -LRB098 16947 RLC 62522 a

1    Duplicate or corrected monitoring
2    device driving permit.................................. 5
3    Duplicate driver's license or permit issued to
4        an active-duty member of the
5        United States Armed Forces,
6        the member's spouse, or
7        the dependent children living
8        with the member................................... 0
9    Original or renewal M or L endorsement................. 5
10SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
11        The fees for commercial driver licenses and permits
12    under Article V shall be as follows:
13    Commercial driver's license:
14        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
15        (Commercial Driver's License Information
16        System/American Association of Motor Vehicle
17        Administrators network/National Motor Vehicle
18        Title Information Service Trust Fund);
19        $20 for the Motor Carrier Safety Inspection Fund;
20        $10 for the driver's license;
21        and $24 for the CDL:............................. $60
22    Renewal commercial driver's license:
23        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
24        $20 for the Motor Carrier Safety Inspection Fund;
25        $10 for the driver's license; and
26        $24 for the CDL:................................. $60

 

 

09800SB3028ham001- 48 -LRB098 16947 RLC 62522 a

1    Commercial learner's permit
2        issued to any person holding a valid
3        Illinois driver's license for the
4        purpose of changing to a
5        CDL classification: $6 for the
6        CDLIS/AAMVAnet/NMVTIS Trust Fund;
7        $20 for the Motor Carrier
8        Safety Inspection Fund; and
9        $24 for the CDL classification................... $50
10    Commercial learner's permit
11        issued to any person holding a valid
12        Illinois CDL for the purpose of
13        making a change in a classification,
14        endorsement or restriction........................ $5
15    CDL duplicate or corrected license.................... $5
16    In order to ensure the proper implementation of the Uniform
17Commercial Driver License Act, Article V of this Chapter, the
18Secretary of State is empowered to pro-rate the $24 fee for the
19commercial driver's license proportionate to the expiration
20date of the applicant's Illinois driver's license.
21    The fee for any duplicate license or permit shall be waived
22for any person who presents the Secretary of State's office
23with a police report showing that his license or permit was
24stolen.
25    The fee for any duplicate license or permit shall be waived
26for any person age 60 or older whose driver's license or permit

 

 

09800SB3028ham001- 49 -LRB098 16947 RLC 62522 a

1has been lost or stolen.
2    No additional fee shall be charged for a driver's license,
3or for a commercial driver's license, when issued to the holder
4of an instruction permit for the same classification or type of
5license who becomes eligible for such license.
6    (b) Any person whose license or privilege to operate a
7motor vehicle in this State has been suspended or revoked under
8Section 3-707, any provision of Chapter 6, Chapter 11, or
9Section 7-205, 7-303, or 7-702 of the Family Financial
10Responsibility Law of this Code, shall in addition to any other
11fees required by this Code, pay a reinstatement fee as follows:
12    Suspension under Section 3-707..................... $100
13    Summary suspension under Section 11-501.1...........$250
14    Suspension under Section 11-501.9....................$250
15    Summary revocation under Section 11-501.1............$500
16    Other suspension......................................$70
17    Revocation...........................................$500
18    However, any person whose license or privilege to operate a
19motor vehicle in this State has been suspended or revoked for a
20second or subsequent time for a violation of Section 11-501, or
2111-501.1, or 11-501.9 of this Code or a similar provision of a
22local ordinance or a similar out-of-state offense or Section
239-3 of the Criminal Code of 1961 or the Criminal Code of 2012
24and each suspension or revocation was for a violation of
25Section 11-501, or 11-501.1, or 11-501.9 of this Code or a
26similar provision of a local ordinance or a similar

 

 

09800SB3028ham001- 50 -LRB098 16947 RLC 62522 a

1out-of-state offense or Section 9-3 of the Criminal Code of
21961 or the Criminal Code of 2012 shall pay, in addition to any
3other fees required by this Code, a reinstatement fee as
4follows:
5    Summary suspension under Section 11-501.1............$500
6    Suspension under Section 11-501.9....................$500
7    Summary revocation under Section 11-501.1............$500
8    Revocation...........................................$500
9    (c) All fees collected under the provisions of this Chapter
106 shall be paid into the Road Fund in the State Treasury except
11as follows:
12        1. The following amounts shall be paid into the Driver
13    Education Fund:
14            (A) $16 of the $20 fee for an original driver's
15        instruction permit;
16            (B) $5 of the $30 fee for an original driver's
17        license;
18            (C) $5 of the $30 fee for a 4 year renewal driver's
19        license;
20            (D) $4 of the $8 fee for a restricted driving
21        permit; and
22            (E) $4 of the $8 fee for a monitoring device
23        driving permit.
24        2. $30 of the $250 fee for reinstatement of a license
25    summarily suspended under Section 11-501.1 or suspended
26    under Section 11-501.9 shall be deposited into the Drunk

 

 

09800SB3028ham001- 51 -LRB098 16947 RLC 62522 a

1    and Drugged Driving Prevention Fund. However, for a person
2    whose license or privilege to operate a motor vehicle in
3    this State has been suspended or revoked for a second or
4    subsequent time for a violation of Section 11-501, or
5    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
6    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
7    the $500 fee for reinstatement of a license summarily
8    suspended under Section 11-501.1 or suspended under
9    Section 11-501.9, and $190 of the $500 fee for
10    reinstatement of a revoked license shall be deposited into
11    the Drunk and Drugged Driving Prevention Fund. $190 of the
12    $500 fee for reinstatement of a license summarily revoked
13    pursuant to Section 11-501.1 shall be deposited into the
14    Drunk and Drugged Driving Prevention Fund.
15        3. $6 of the original or renewal fee for a commercial
16    driver's license and $6 of the commercial learner's permit
17    fee when the permit is issued to any person holding a valid
18    Illinois driver's license, shall be paid into the
19    CDLIS/AAMVAnet/NMVTIS Trust Fund.
20        4. $30 of the $70 fee for reinstatement of a license
21    suspended under the Family Financial Responsibility Law
22    shall be paid into the Family Responsibility Fund.
23        5. The $5 fee for each original or renewal M or L
24    endorsement shall be deposited into the Cycle Rider Safety
25    Training Fund.
26        6. $20 of any original or renewal fee for a commercial

 

 

09800SB3028ham001- 52 -LRB098 16947 RLC 62522 a

1    driver's license or commercial learner's permit shall be
2    paid into the Motor Carrier Safety Inspection Fund.
3        7. The following amounts shall be paid into the General
4    Revenue Fund:
5            (A) $190 of the $250 reinstatement fee for a
6        summary suspension under Section 11-501.1 or a
7        suspension under Section 11-501.9;
8            (B) $40 of the $70 reinstatement fee for any other
9        suspension provided in subsection (b) of this Section;
10        and
11            (C) $440 of the $500 reinstatement fee for a first
12        offense revocation and $310 of the $500 reinstatement
13        fee for a second or subsequent revocation.
14    (d) All of the proceeds of the additional fees imposed by
15this amendatory Act of the 96th General Assembly shall be
16deposited into the Capital Projects Fund.
17    (e) The additional fees imposed by this amendatory Act of
18the 96th General Assembly shall become effective 90 days after
19becoming law.
20    (f) As used in this Section, "active-duty member of the
21United States Armed Forces" means a member of the Armed
22Services or Reserve Forces of the United States or a member of
23the Illinois National Guard who is called to active duty
24pursuant to an executive order of the President of the United
25States, an act of the Congress of the United States, or an
26order of the Governor.

 

 

09800SB3028ham001- 53 -LRB098 16947 RLC 62522 a

1(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
298-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the
3effective date of changes made by P.A. 98-176); 98-177, eff.
41-1-14; 98-756, eff. 7-16-14.)
 
5    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
6    Sec. 6-206.1. Monitoring Device Driving Permit.
7Declaration of Policy. It is hereby declared a policy of the
8State of Illinois that the driver who is impaired by alcohol,
9other drug or drugs, or intoxicating compound or compounds is a
10threat to the public safety and welfare. Therefore, to provide
11a deterrent to such practice, a statutory summary driver's
12license suspension is appropriate. It is also recognized that
13driving is a privilege and therefore, that the granting of
14driving privileges, in a manner consistent with public safety,
15is warranted during the period of suspension in the form of a
16monitoring device driving permit. A person who drives and fails
17to comply with the requirements of the monitoring device
18driving permit commits a violation of Section 6-303 of this
19Code.
20    The following procedures shall apply whenever a first
21offender, as defined in Section 11-500 of this Code, is
22arrested for any offense as defined in Section 11-501 or a
23similar provision of a local ordinance and is subject to the
24provisions of Section 11-501.1:
25    (a) Upon mailing of the notice of suspension of driving

 

 

09800SB3028ham001- 54 -LRB098 16947 RLC 62522 a

1privileges as provided in subsection (h) of Section 11-501.1 of
2this Code, the Secretary shall also send written notice
3informing the person that he or she will be issued a monitoring
4device driving permit (MDDP). The notice shall include, at
5minimum, information summarizing the procedure to be followed
6for issuance of the MDDP, installation of the breath alcohol
7ignition installation device (BAIID), as provided in this
8Section, exemption from BAIID installation requirements, and
9procedures to be followed by those seeking indigent status, as
10provided in this Section. The notice shall also include
11information summarizing the procedure to be followed if the
12person wishes to decline issuance of the MDDP. A copy of the
13notice shall also be sent to the court of venue together with
14the notice of suspension of driving privileges, as provided in
15subsection (h) of Section 11-501. However, a MDDP shall not be
16issued if the Secretary finds that:
17        (1) the offender's driver's license is otherwise
18    invalid;
19        (2) death or great bodily harm to another resulted from
20    the arrest for Section 11-501;
21        (3) the offender has been previously convicted of
22    reckless homicide or aggravated driving under the
23    influence involving death;
24        (4) the offender is less than 18 years of age; or
25        (5) the offender is a qualifying patient licensed under
26    the Compassionate Use of Medical Cannabis Pilot Program Act

 

 

09800SB3028ham001- 55 -LRB098 16947 RLC 62522 a

1    who is in possession of a valid registry card issued under
2    that Act and refused to submit to standardized field
3    sobriety tests as required by subsection (a) (a-5) of
4    Section 11-501.9 11-501.1 or did submit to testing which
5    disclosed the person was impaired by the use of cannabis
6    and failed the test or tests.
7    Any offender participating in the MDDP program must pay the
8Secretary a MDDP Administration Fee in an amount not to exceed
9$30 per month, to be deposited into the Monitoring Device
10Driving Permit Administration Fee Fund. The Secretary shall
11establish by rule the amount and the procedures, terms, and
12conditions relating to these fees. The offender must have an
13ignition interlock device installed within 14 days of the date
14the Secretary issues the MDDP. The ignition interlock device
15provider must notify the Secretary, in a manner and form
16prescribed by the Secretary, of the installation. If the
17Secretary does not receive notice of installation, the
18Secretary shall cancel the MDDP.
19    A MDDP shall not become effective prior to the 31st day of
20the original statutory summary suspension.
21    Upon receipt of the notice, as provided in paragraph (a) of
22this Section, the person may file a petition to decline
23issuance of the MDDP with the court of venue. The court shall
24admonish the offender of all consequences of declining issuance
25of the MDDP including, but not limited to, the enhanced
26penalties for driving while suspended. After being so

 

 

09800SB3028ham001- 56 -LRB098 16947 RLC 62522 a

1admonished, the offender shall be permitted, in writing, to
2execute a notice declining issuance of the MDDP. This notice
3shall be filed with the court and forwarded by the clerk of the
4court to the Secretary. The offender may, at any time
5thereafter, apply to the Secretary for issuance of a MDDP.
6    (a-1) A person issued a MDDP may drive for any purpose and
7at any time, subject to the rules adopted by the Secretary
8under subsection (g). The person must, at his or her own
9expense, drive only vehicles equipped with an ignition
10interlock device as defined in Section 1-129.1, but in no event
11shall such person drive a commercial motor vehicle.
12    (a-2) Persons who are issued a MDDP and must drive
13employer-owned vehicles in the course of their employment
14duties may seek permission to drive an employer-owned vehicle
15that does not have an ignition interlock device. The employer
16shall provide to the Secretary a form, as prescribed by the
17Secretary, completed by the employer verifying that the
18employee must drive an employer-owned vehicle in the course of
19employment. If approved by the Secretary, the form must be in
20the driver's possession while operating an employer-owner
21vehicle not equipped with an ignition interlock device. No
22person may use this exemption to drive a school bus, school
23vehicle, or a vehicle designed to transport more than 15
24passengers. No person may use this exemption to drive an
25employer-owned motor vehicle that is owned by an entity that is
26wholly or partially owned by the person holding the MDDP, or by

 

 

09800SB3028ham001- 57 -LRB098 16947 RLC 62522 a

1a family member of the person holding the MDDP. No person may
2use this exemption to drive an employer-owned vehicle that is
3made available to the employee for personal use. No person may
4drive the exempted vehicle more than 12 hours per day, 6 days
5per week.
6    (a-3) Persons who are issued a MDDP and who must drive a
7farm tractor to and from a farm, within 50 air miles from the
8originating farm are exempt from installation of a BAIID on the
9farm tractor, so long as the farm tractor is being used for the
10exclusive purpose of conducting farm operations.
11    (b) (Blank).
12    (c) (Blank).
13    (c-1) If the holder of the MDDP is convicted of or receives
14court supervision for a violation of Section 6-206.2, 6-303,
1511-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
16provision of a local ordinance or a similar out-of-state
17offense or is convicted of or receives court supervision for
18any offense for which alcohol or drugs is an element of the
19offense and in which a motor vehicle was involved (for an
20arrest other than the one for which the MDDP is issued), or
21de-installs the BAIID without prior authorization from the
22Secretary, the MDDP shall be cancelled.
23    (c-5) If the Secretary determines that the person seeking
24the MDDP is indigent, the Secretary shall provide the person
25with a written document as evidence of that determination, and
26the person shall provide that written document to an ignition

 

 

09800SB3028ham001- 58 -LRB098 16947 RLC 62522 a

1interlock device provider. The provider shall install an
2ignition interlock device on that person's vehicle without
3charge to the person, and seek reimbursement from the Indigent
4BAIID Fund. If the Secretary has deemed an offender indigent,
5the BAIID provider shall also provide the normal monthly
6monitoring services and the de-installation without charge to
7the offender and seek reimbursement from the Indigent BAIID
8Fund. Any other monetary charges, such as a lockout fee or
9reset fee, shall be the responsibility of the MDDP holder. A
10BAIID provider may not seek a security deposit from the
11Indigent BAIID Fund.
12    (d) MDDP information shall be available only to the courts,
13police officers, and the Secretary, except during the actual
14period the MDDP is valid, during which time it shall be a
15public record.
16    (e) (Blank).
17    (f) (Blank).
18    (g) The Secretary shall adopt rules for implementing this
19Section. The rules adopted shall address issues including, but
20not limited to: compliance with the requirements of the MDDP;
21methods for determining compliance with those requirements;
22the consequences of noncompliance with those requirements;
23what constitutes a violation of the MDDP; methods for
24determining indigency; and the duties of a person or entity
25that supplies the ignition interlock device.
26    (h) The rules adopted under subsection (g) shall provide,

 

 

09800SB3028ham001- 59 -LRB098 16947 RLC 62522 a

1at a minimum, that the person is not in compliance with the
2requirements of the MDDP if he or she:
3        (1) tampers or attempts to tamper with or circumvent
4    the proper operation of the ignition interlock device;
5        (2) provides valid breath samples that register blood
6    alcohol levels in excess of the number of times allowed
7    under the rules;
8        (3) fails to provide evidence sufficient to satisfy the
9    Secretary that the ignition interlock device has been
10    installed in the designated vehicle or vehicles; or
11        (4) fails to follow any other applicable rules adopted
12    by the Secretary.
13    (i) Any person or entity that supplies an ignition
14interlock device as provided under this Section shall, in
15addition to supplying only those devices which fully comply
16with all the rules adopted under subsection (g), provide the
17Secretary, within 7 days of inspection, all monitoring reports
18of each person who has had an ignition interlock device
19installed. These reports shall be furnished in a manner or form
20as prescribed by the Secretary.
21    (j) Upon making a determination that a violation of the
22requirements of the MDDP has occurred, the Secretary shall
23extend the summary suspension period for an additional 3 months
24beyond the originally imposed summary suspension period,
25during which time the person shall only be allowed to drive
26vehicles equipped with an ignition interlock device; provided

 

 

09800SB3028ham001- 60 -LRB098 16947 RLC 62522 a

1further there are no limitations on the total number of times
2the summary suspension may be extended. The Secretary may,
3however, limit the number of extensions imposed for violations
4occurring during any one monitoring period, as set forth by
5rule. Any person whose summary suspension is extended pursuant
6to this Section shall have the right to contest the extension
7through a hearing with the Secretary, pursuant to Section 2-118
8of this Code. If the summary suspension has already terminated
9prior to the Secretary receiving the monitoring report that
10shows a violation, the Secretary shall be authorized to suspend
11the person's driving privileges for 3 months, provided that the
12Secretary may, by rule, limit the number of suspensions to be
13entered pursuant to this paragraph for violations occurring
14during any one monitoring period. Any person whose license is
15suspended pursuant to this paragraph, after the summary
16suspension had already terminated, shall have the right to
17contest the suspension through a hearing with the Secretary,
18pursuant to Section 2-118 of this Code. The only permit the
19person shall be eligible for during this new suspension period
20is a MDDP.
21    (k) A person who has had his or her summary suspension
22extended for the third time, or has any combination of 3
23extensions and new suspensions, entered as a result of a
24violation that occurred while holding the MDDP, so long as the
25extensions and new suspensions relate to the same summary
26suspension, shall have his or her vehicle impounded for a

 

 

09800SB3028ham001- 61 -LRB098 16947 RLC 62522 a

1period of 30 days, at the person's own expense. A person who
2has his or her summary suspension extended for the fourth time,
3or has any combination of 4 extensions and new suspensions,
4entered as a result of a violation that occurred while holding
5the MDDP, so long as the extensions and new suspensions relate
6to the same summary suspension, shall have his or her vehicle
7subject to seizure and forfeiture. The Secretary shall notify
8the prosecuting authority of any third or fourth extensions or
9new suspension entered as a result of a violation that occurred
10while the person held a MDDP. Upon receipt of the notification,
11the prosecuting authority shall impound or forfeit the vehicle.
12The impoundment or forfeiture of a vehicle shall be conducted
13pursuant to the procedure specified in Article 36 of the
14Criminal Code of 2012.
15    (l) A person whose driving privileges have been suspended
16under Section 11-501.1 of this Code and who had a MDDP that was
17cancelled, or would have been cancelled had notification of a
18violation been received prior to expiration of the MDDP,
19pursuant to subsection (c-1) of this Section, shall not be
20eligible for reinstatement when the summary suspension is
21scheduled to terminate. Instead, the person's driving
22privileges shall be suspended for a period of not less than
23twice the original summary suspension period, or for the length
24of any extensions entered under subsection (j), whichever is
25longer. During the period of suspension, the person shall be
26eligible only to apply for a restricted driving permit. If a

 

 

09800SB3028ham001- 62 -LRB098 16947 RLC 62522 a

1restricted driving permit is granted, the offender may only
2operate vehicles equipped with a BAIID in accordance with this
3Section.
4    (m) Any person or entity that supplies an ignition
5interlock device under this Section shall, for each ignition
6interlock device installed, pay 5% of the total gross revenue
7received for the device, including monthly monitoring fees,
8into the Indigent BAIID Fund. This 5% shall be clearly
9indicated as a separate surcharge on each invoice that is
10issued. The Secretary shall conduct an annual review of the
11fund to determine whether the surcharge is sufficient to
12provide for indigent users. The Secretary may increase or
13decrease this surcharge requirement as needed.
14    (n) Any person or entity that supplies an ignition
15interlock device under this Section that is requested to
16provide an ignition interlock device to a person who presents
17written documentation of indigency from the Secretary, as
18provided in subsection (c-5) of this Section, shall install the
19device on the person's vehicle without charge to the person and
20shall seek reimbursement from the Indigent BAIID Fund.
21    (o) The Indigent BAIID Fund is created as a special fund in
22the State treasury. The Secretary shall, subject to
23appropriation by the General Assembly, use all money in the
24Indigent BAIID Fund to reimburse ignition interlock device
25providers who have installed devices in vehicles of indigent
26persons. The Secretary shall make payments to such providers

 

 

09800SB3028ham001- 63 -LRB098 16947 RLC 62522 a

1every 3 months. If the amount of money in the fund at the time
2payments are made is not sufficient to pay all requests for
3reimbursement submitted during that 3 month period, the
4Secretary shall make payments on a pro-rata basis, and those
5payments shall be considered payment in full for the requests
6submitted.
7    (p) The Monitoring Device Driving Permit Administration
8Fee Fund is created as a special fund in the State treasury.
9The Secretary shall, subject to appropriation by the General
10Assembly, use the money paid into this fund to offset its
11administrative costs for administering MDDPs.
12    (q) The Secretary is authorized to prescribe such forms as
13it deems necessary to carry out the provisions of this Section.
14(Source: P.A. 97-229, eff. 7-28-11; 97-813, eff. 7-13-12;
1597-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1015, eff.
168-22-14.)
 
17    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
18    Sec. 6-208.1. Period of statutory summary alcohol, other
19drug, or intoxicating compound related suspension or
20revocation.
21    (a) Unless the statutory summary suspension has been
22rescinded, any person whose privilege to drive a motor vehicle
23on the public highways has been summarily suspended, pursuant
24to Section 11-501.1, shall not be eligible for restoration of
25the privilege until the expiration of:

 

 

09800SB3028ham001- 64 -LRB098 16947 RLC 62522 a

1        1. twelve months from the effective date of the
2    statutory summary suspension for a refusal or failure to
3    complete a test or tests to determine the alcohol, other
4    drug, or intoxicating compound concentration authorized
5    under Section 11-501.1, if the person was not involved in a
6    motor vehicle accident that caused personal injury or death
7    to another; or
8        2. six months from the effective date of the statutory
9    summary suspension imposed following the person's
10    submission to a chemical test which disclosed an alcohol
11    concentration of 0.08 or more, or any amount of a drug,
12    substance, or intoxicating compound in such person's
13    breath, blood, or urine resulting from the unlawful use or
14    consumption of cannabis listed in the Cannabis Control Act,
15    a controlled substance listed in the Illinois Controlled
16    Substances Act, an intoxicating compound listed in the Use
17    of Intoxicating Compounds Act, or methamphetamine as
18    listed in the Methamphetamine Control and Community
19    Protection Act, pursuant to Section 11-501.1; or
20        3. three years from the effective date of the statutory
21    summary suspension for any person other than a first
22    offender who refuses or fails to complete a test or tests
23    to determine the alcohol, drug, or intoxicating compound
24    concentration pursuant to Section 11-501.1; or
25        4. one year from the effective date of the summary
26    suspension imposed for any person other than a first

 

 

09800SB3028ham001- 65 -LRB098 16947 RLC 62522 a

1    offender following submission to a chemical test which
2    disclosed an alcohol concentration of 0.08 or more pursuant
3    to Section 11-501.1 or any amount of a drug, substance or
4    compound in such person's blood or urine resulting from the
5    unlawful use or consumption of cannabis listed in the
6    Cannabis Control Act, a controlled substance listed in the
7    Illinois Controlled Substances Act, an intoxicating
8    compound listed in the Use of Intoxicating Compounds Act,
9    or methamphetamine as listed in the Methamphetamine
10    Control and Community Protection Act; or
11        5. (Blank). six months from the effective date of the
12    statutory summary suspension imposed for any person
13    following submission to a standardized field sobriety test
14    that disclosed impairment if the person is a qualifying
15    patient licensed under the Compassionate Use of Medical
16    Cannabis Pilot Program Act who is in possession of a valid
17    registry card issued under that Act and submitted to
18    testing under subsection (a-5) of Section 11-501.1.
19    (b) Following a statutory summary suspension of the
20privilege to drive a motor vehicle under Section 11-501.1,
21driving privileges shall be restored unless the person is
22otherwise suspended, revoked, or cancelled by this Code. If the
23court has reason to believe that the person's driving privilege
24should not be restored, the court shall notify the Secretary of
25State prior to the expiration of the statutory summary
26suspension so appropriate action may be taken pursuant to this

 

 

09800SB3028ham001- 66 -LRB098 16947 RLC 62522 a

1Code.
2    (c) Driving privileges may not be restored until all
3applicable reinstatement fees, as provided by this Code, have
4been paid to the Secretary of State and the appropriate entry
5made to the driver's record.
6    (d) Where a driving privilege has been summarily suspended
7or revoked under Section 11-501.1 and the person is
8subsequently convicted of violating Section 11-501, or a
9similar provision of a local ordinance, for the same incident,
10any period served on statutory summary suspension or revocation
11shall be credited toward the minimum period of revocation of
12driving privileges imposed pursuant to Section 6-205.
13    (e) A first offender who refused chemical testing and whose
14driving privileges were summarily revoked pursuant to Section
1511-501.1 shall not be eligible for a monitoring device driving
16permit, but may make application for reinstatement or for a
17restricted driving permit after a period of one year has
18elapsed from the effective date of the revocation.
19    (f) (Blank).
20    (g) Following a statutory summary suspension of driving
21privileges pursuant to Section 11-501.1 where the person was
22not a first offender, as defined in Section 11-500, the
23Secretary of State may not issue a restricted driving permit.
24    (h) (Blank).
25(Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14;
2698-1015, eff. 8-22-14.)
 

 

 

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1    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)
2    (Text of Section before amendment by P.A. 98-176)
3    Sec. 6-514. Commercial driver's license (CDL); commercial
4learner's permit (CLP); disqualifications.
5    (a) A person shall be disqualified from driving a
6commercial motor vehicle for a period of not less than 12
7months for the first violation of:
8        (1) Refusing to submit to or failure to complete a test
9    or tests to determine the driver's blood concentration of
10    alcohol, other drug, or both authorized under Section
11    11-501.1 while driving a commercial motor vehicle or, if
12    the driver is a CDL holder, while driving a non-CMV; or
13        (2) Operating a commercial motor vehicle while the
14    alcohol concentration of the person's blood, breath or
15    urine is at least 0.04, or any amount of a drug, substance,
16    or compound in the person's blood or urine resulting from
17    the unlawful use or consumption of cannabis listed in the
18    Cannabis Control Act, a controlled substance listed in the
19    Illinois Controlled Substances Act, or methamphetamine as
20    listed in the Methamphetamine Control and Community
21    Protection Act as indicated by a police officer's sworn
22    report or other verified evidence; or operating a
23    non-commercial motor vehicle while the alcohol
24    concentration of the person's blood, breath, or urine was
25    above the legal limit defined in Section 11-501.1 or

 

 

09800SB3028ham001- 68 -LRB098 16947 RLC 62522 a

1    11-501.8 or any amount of a drug, substance, or compound in
2    the person's blood or urine resulting from the unlawful use
3    or consumption of cannabis listed in the Cannabis Control
4    Act, a controlled substance listed in the Illinois
5    Controlled Substances Act, or methamphetamine as listed in
6    the Methamphetamine Control and Community Protection Act
7    as indicated by a police officer's sworn report or other
8    verified evidence while holding a commercial driver's
9    license; or
10        (3) Conviction for a first violation of:
11            (i) Driving a commercial motor vehicle or, if the
12        driver is a CDL holder, driving a non-CMV while under
13        the influence of alcohol, or any other drug, or
14        combination of drugs to a degree which renders such
15        person incapable of safely driving; or
16            (ii) Knowingly leaving the scene of an accident
17        while operating a commercial motor vehicle or, if the
18        driver is a CDL holder, while driving a non-CMV; or
19            (iii) Driving a commercial motor vehicle or, if the
20        driver is a CDL holder, driving a non-CMV while
21        committing any felony; or
22            (iv) Driving a commercial motor vehicle while the
23        person's driving privileges or driver's license or
24        permit is revoked, suspended, or cancelled or the
25        driver is disqualified from operating a commercial
26        motor vehicle; or

 

 

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1            (v) Causing a fatality through the negligent
2        operation of a commercial motor vehicle, including but
3        not limited to the crimes of motor vehicle
4        manslaughter, homicide by a motor vehicle, and
5        negligent homicide.
6            As used in this subdivision (a)(3)(v), "motor
7        vehicle manslaughter" means the offense of involuntary
8        manslaughter if committed by means of a vehicle;
9        "homicide by a motor vehicle" means the offense of
10        first degree murder or second degree murder, if either
11        offense is committed by means of a vehicle; and
12        "negligent homicide" means reckless homicide under
13        Section 9-3 of the Criminal Code of 1961 or the
14        Criminal Code of 2012 and aggravated driving under the
15        influence of alcohol, other drug or drugs,
16        intoxicating compound or compounds, or any combination
17        thereof under subdivision (d)(1)(F) of Section 11-501
18        of this Code.
19        If any of the above violations or refusals occurred
20    while transporting hazardous material(s) required to be
21    placarded, the person shall be disqualified for a period of
22    not less than 3 years; or
23        (4) (Blank). If the person is a qualifying patient
24    licensed under the Compassionate Use of Medical Cannabis
25    Pilot Program Act who is in possession of a valid registry
26    card issued under that Act, operating a commercial motor

 

 

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1    vehicle under impairment resulting from the consumption of
2    cannabis, as determined by failure of standardized field
3    sobriety tests administered by a law enforcement officer as
4    directed by subsection (a-5) of Section 11-501.2.
5    (b) A person is disqualified for life for a second
6conviction of any of the offenses specified in paragraph (a),
7or any combination of those offenses, arising from 2 or more
8separate incidents.
9    (c) A person is disqualified from driving a commercial
10motor vehicle for life if the person either (i) uses a
11commercial motor vehicle in the commission of any felony
12involving the manufacture, distribution, or dispensing of a
13controlled substance, or possession with intent to
14manufacture, distribute or dispense a controlled substance or
15(ii) if the person is a CDL holder, uses a non-CMV in the
16commission of a felony involving any of those activities.
17    (d) The Secretary of State may, when the United States
18Secretary of Transportation so authorizes, issue regulations
19in which a disqualification for life under paragraph (b) may be
20reduced to a period of not less than 10 years. If a reinstated
21driver is subsequently convicted of another disqualifying
22offense, as specified in subsection (a) of this Section, he or
23she shall be permanently disqualified for life and shall be
24ineligible to again apply for a reduction of the lifetime
25disqualification.
26    (e) A person is disqualified from driving a commercial

 

 

09800SB3028ham001- 71 -LRB098 16947 RLC 62522 a

1motor vehicle for a period of not less than 2 months if
2convicted of 2 serious traffic violations, committed in a
3commercial motor vehicle, non-CMV while holding a CDL, or any
4combination thereof, arising from separate incidents,
5occurring within a 3 year period, provided the serious traffic
6violation committed in a non-CMV would result in the suspension
7or revocation of the CDL holder's non-CMV privileges. However,
8a person will be disqualified from driving a commercial motor
9vehicle for a period of not less than 4 months if convicted of
103 serious traffic violations, committed in a commercial motor
11vehicle, non-CMV while holding a CDL, or any combination
12thereof, arising from separate incidents, occurring within a 3
13year period, provided the serious traffic violation committed
14in a non-CMV would result in the suspension or revocation of
15the CDL holder's non-CMV privileges. If all the convictions
16occurred in a non-CMV, the disqualification shall be entered
17only if the convictions would result in the suspension or
18revocation of the CDL holder's non-CMV privileges.
19    (e-1) (Blank).
20    (f) Notwithstanding any other provision of this Code, any
21driver disqualified from operating a commercial motor vehicle,
22pursuant to this UCDLA, shall not be eligible for restoration
23of commercial driving privileges during any such period of
24disqualification.
25    (g) After suspending, revoking, or cancelling a commercial
26driver's license, the Secretary of State must update the

 

 

09800SB3028ham001- 72 -LRB098 16947 RLC 62522 a

1driver's records to reflect such action within 10 days. After
2suspending or revoking the driving privilege of any person who
3has been issued a CDL or commercial driver instruction permit
4from another jurisdiction, the Secretary shall originate
5notification to such issuing jurisdiction within 10 days.
6    (h) The "disqualifications" referred to in this Section
7shall not be imposed upon any commercial motor vehicle driver,
8by the Secretary of State, unless the prohibited action(s)
9occurred after March 31, 1992.
10    (i) A person is disqualified from driving a commercial
11motor vehicle in accordance with the following:
12        (1) For 6 months upon a first conviction of paragraph
13    (2) of subsection (b) or subsection (b-3) of Section 6-507
14    of this Code.
15        (2) For 2 years upon a second conviction of paragraph
16    (2) of subsection (b) or subsection (b-3) or any
17    combination of paragraphs (2) or (3) of subsection (b) or
18    subsections (b-3) or (b-5) of Section 6-507 of this Code
19    within a 10-year period if the second conviction is a
20    violation of paragraph (2) of subsection (b) or subsection
21    (b-3).
22        (3) For 3 years upon a third or subsequent conviction
23    of paragraph (2) of subsection (b) or subsection (b-3) or
24    any combination of paragraphs (2) or (3) of subsection (b)
25    or subsections (b-3) or (b-5) of Section 6-507 of this Code
26    within a 10-year period if the third or subsequent

 

 

09800SB3028ham001- 73 -LRB098 16947 RLC 62522 a

1    conviction is a violation of paragraph (2) of subsection
2    (b) or subsection (b-3).
3        (4) For one year upon a first conviction of paragraph
4    (3) of subsection (b) or subsection (b-5) of Section 6-507
5    of this Code.
6        (5) For 3 years upon a second conviction of paragraph
7    (3) of subsection (b) or subsection (b-5) or any
8    combination of paragraphs (2) or (3) of subsection (b) or
9    subsections (b-3) or (b-5) of Section 6-507 of this Code
10    within a 10-year period if the second conviction is a
11    violation of paragraph (3) of subsection (b) or (b-5).
12        (6) For 5 years upon a third or subsequent conviction
13    of paragraph (3) of subsection (b) or subsection (b-5) or
14    any combination of paragraphs (2) or (3) of subsection (b)
15    or subsections (b-3) or (b-5) of Section 6-507 of this Code
16    within a 10-year period if the third or subsequent
17    conviction is a violation of paragraph (3) of subsection
18    (b) or (b-5).
19    (j) Disqualification for railroad-highway grade crossing
20violation.
21        (1) General rule. A driver who is convicted of a
22    violation of a federal, State, or local law or regulation
23    pertaining to one of the following 6 offenses at a
24    railroad-highway grade crossing must be disqualified from
25    operating a commercial motor vehicle for the period of time
26    specified in paragraph (2) of this subsection (j) if the

 

 

09800SB3028ham001- 74 -LRB098 16947 RLC 62522 a

1    offense was committed while operating a commercial motor
2    vehicle:
3            (i) For drivers who are not required to always
4        stop, failing to slow down and check that the tracks
5        are clear of an approaching train or railroad track
6        equipment, as described in subsection (a-5) of Section
7        11-1201 of this Code;
8            (ii) For drivers who are not required to always
9        stop, failing to stop before reaching the crossing, if
10        the tracks are not clear, as described in subsection
11        (a) of Section 11-1201 of this Code;
12            (iii) For drivers who are always required to stop,
13        failing to stop before driving onto the crossing, as
14        described in Section 11-1202 of this Code;
15            (iv) For all drivers, failing to have sufficient
16        space to drive completely through the crossing without
17        stopping, as described in subsection (b) of Section
18        11-1425 of this Code;
19            (v) For all drivers, failing to obey a traffic
20        control device or the directions of an enforcement
21        official at the crossing, as described in subdivision
22        (a)2 of Section 11-1201 of this Code;
23            (vi) For all drivers, failing to negotiate a
24        crossing because of insufficient undercarriage
25        clearance, as described in subsection (d-1) of Section
26        11-1201 of this Code.

 

 

09800SB3028ham001- 75 -LRB098 16947 RLC 62522 a

1        (2) Duration of disqualification for railroad-highway
2    grade crossing violation.
3            (i) First violation. A driver must be disqualified
4        from operating a commercial motor vehicle for not less
5        than 60 days if the driver is convicted of a violation
6        described in paragraph (1) of this subsection (j) and,
7        in the three-year period preceding the conviction, the
8        driver had no convictions for a violation described in
9        paragraph (1) of this subsection (j).
10            (ii) Second violation. A driver must be
11        disqualified from operating a commercial motor vehicle
12        for not less than 120 days if the driver is convicted
13        of a violation described in paragraph (1) of this
14        subsection (j) and, in the three-year period preceding
15        the conviction, the driver had one other conviction for
16        a violation described in paragraph (1) of this
17        subsection (j) that was committed in a separate
18        incident.
19            (iii) Third or subsequent violation. A driver must
20        be disqualified from operating a commercial motor
21        vehicle for not less than one year if the driver is
22        convicted of a violation described in paragraph (1) of
23        this subsection (j) and, in the three-year period
24        preceding the conviction, the driver had 2 or more
25        other convictions for violations described in
26        paragraph (1) of this subsection (j) that were

 

 

09800SB3028ham001- 76 -LRB098 16947 RLC 62522 a

1        committed in separate incidents.
2    (k) Upon notification of a disqualification of a driver's
3commercial motor vehicle privileges imposed by the U.S.
4Department of Transportation, Federal Motor Carrier Safety
5Administration, in accordance with 49 C.F.R. 383.52, the
6Secretary of State shall immediately record to the driving
7record the notice of disqualification and confirm to the driver
8the action that has been taken.
9    (l) A foreign commercial driver is subject to
10disqualification under this Section.
11(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
1298-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff.
137-16-14.)
 
14    (Text of Section after amendment by P.A. 98-176)
15    Sec. 6-514. Commercial driver's license (CDL); commercial
16learner's permit (CLP); disqualifications.
17    (a) A person shall be disqualified from driving a
18commercial motor vehicle for a period of not less than 12
19months for the first violation of:
20        (1) Refusing to submit to or failure to complete a test
21    or tests to determine the driver's blood concentration of
22    alcohol, other drug, or both authorized under Section
23    11-501.1 while driving a commercial motor vehicle or, if
24    the driver is a CLP or CDL holder, while driving a non-CMV;
25    or

 

 

09800SB3028ham001- 77 -LRB098 16947 RLC 62522 a

1        (2) Operating a commercial motor vehicle while the
2    alcohol concentration of the person's blood, breath or
3    urine is at least 0.04, or any amount of a drug, substance,
4    or compound in the person's blood or urine resulting from
5    the unlawful use or consumption of cannabis listed in the
6    Cannabis Control Act, a controlled substance listed in the
7    Illinois Controlled Substances Act, or methamphetamine as
8    listed in the Methamphetamine Control and Community
9    Protection Act as indicated by a police officer's sworn
10    report or other verified evidence; or operating a
11    non-commercial motor vehicle while the alcohol
12    concentration of the person's blood, breath, or urine was
13    above the legal limit defined in Section 11-501.1 or
14    11-501.8 or any amount of a drug, substance, or compound in
15    the person's blood or urine resulting from the unlawful use
16    or consumption of cannabis listed in the Cannabis Control
17    Act, a controlled substance listed in the Illinois
18    Controlled Substances Act, or methamphetamine as listed in
19    the Methamphetamine Control and Community Protection Act
20    as indicated by a police officer's sworn report or other
21    verified evidence while holding a CLP or CDL; or
22        (3) Conviction for a first violation of:
23            (i) Driving a commercial motor vehicle or, if the
24        driver is a CLP or CDL holder, driving a non-CMV while
25        under the influence of alcohol, or any other drug, or
26        combination of drugs to a degree which renders such

 

 

09800SB3028ham001- 78 -LRB098 16947 RLC 62522 a

1        person incapable of safely driving; or
2            (ii) Knowingly leaving the scene of an accident
3        while operating a commercial motor vehicle or, if the
4        driver is a CLP or CDL holder, while driving a non-CMV;
5        or
6            (iii) Driving a commercial motor vehicle or, if the
7        driver is a CLP or CDL holder, driving a non-CMV while
8        committing any felony; or
9            (iv) Driving a commercial motor vehicle while the
10        person's driving privileges or driver's license or
11        permit is revoked, suspended, or cancelled or the
12        driver is disqualified from operating a commercial
13        motor vehicle; or
14            (v) Causing a fatality through the negligent
15        operation of a commercial motor vehicle, including but
16        not limited to the crimes of motor vehicle
17        manslaughter, homicide by a motor vehicle, and
18        negligent homicide.
19            As used in this subdivision (a)(3)(v), "motor
20        vehicle manslaughter" means the offense of involuntary
21        manslaughter if committed by means of a vehicle;
22        "homicide by a motor vehicle" means the offense of
23        first degree murder or second degree murder, if either
24        offense is committed by means of a vehicle; and
25        "negligent homicide" means reckless homicide under
26        Section 9-3 of the Criminal Code of 1961 or the

 

 

09800SB3028ham001- 79 -LRB098 16947 RLC 62522 a

1        Criminal Code of 2012 and aggravated driving under the
2        influence of alcohol, other drug or drugs,
3        intoxicating compound or compounds, or any combination
4        thereof under subdivision (d)(1)(F) of Section 11-501
5        of this Code.
6        If any of the above violations or refusals occurred
7    while transporting hazardous material(s) required to be
8    placarded, the person shall be disqualified for a period of
9    not less than 3 years; or
10        (4) (Blank). If the person is a qualifying patient
11    licensed under the Compassionate Use of Medical Cannabis
12    Pilot Program Act who is in possession of a valid registry
13    card issued under that Act, operating a commercial motor
14    vehicle under impairment resulting from the consumption of
15    cannabis, as determined by failure of standardized field
16    sobriety tests administered by a law enforcement officer as
17    directed by subsection (a-5) of Section 11-501.2.
18    (b) A person is disqualified for life for a second
19conviction of any of the offenses specified in paragraph (a),
20or any combination of those offenses, arising from 2 or more
21separate incidents.
22    (c) A person is disqualified from driving a commercial
23motor vehicle for life if the person either (i) uses a
24commercial motor vehicle in the commission of any felony
25involving the manufacture, distribution, or dispensing of a
26controlled substance, or possession with intent to

 

 

09800SB3028ham001- 80 -LRB098 16947 RLC 62522 a

1manufacture, distribute or dispense a controlled substance or
2(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
3commission of a felony involving any of those activities.
4    (d) The Secretary of State may, when the United States
5Secretary of Transportation so authorizes, issue regulations
6in which a disqualification for life under paragraph (b) may be
7reduced to a period of not less than 10 years. If a reinstated
8driver is subsequently convicted of another disqualifying
9offense, as specified in subsection (a) of this Section, he or
10she shall be permanently disqualified for life and shall be
11ineligible to again apply for a reduction of the lifetime
12disqualification.
13    (e) A person is disqualified from driving a commercial
14motor vehicle for a period of not less than 2 months if
15convicted of 2 serious traffic violations, committed in a
16commercial motor vehicle, non-CMV while holding a CLP or CDL,
17or any combination thereof, arising from separate incidents,
18occurring within a 3 year period, provided the serious traffic
19violation committed in a non-CMV would result in the suspension
20or revocation of the CLP or CDL holder's non-CMV privileges.
21However, a person will be disqualified from driving a
22commercial motor vehicle for a period of not less than 4 months
23if convicted of 3 serious traffic violations, committed in a
24commercial motor vehicle, non-CMV while holding a CLP or CDL,
25or any combination thereof, arising from separate incidents,
26occurring within a 3 year period, provided the serious traffic

 

 

09800SB3028ham001- 81 -LRB098 16947 RLC 62522 a

1violation committed in a non-CMV would result in the suspension
2or revocation of the CLP or CDL holder's non-CMV privileges. If
3all the convictions occurred in a non-CMV, the disqualification
4shall be entered only if the convictions would result in the
5suspension or revocation of the CLP or CDL holder's non-CMV
6privileges.
7    (e-1) (Blank).
8    (f) Notwithstanding any other provision of this Code, any
9driver disqualified from operating a commercial motor vehicle,
10pursuant to this UCDLA, shall not be eligible for restoration
11of commercial driving privileges during any such period of
12disqualification.
13    (g) After suspending, revoking, or cancelling a CLP or CDL,
14the Secretary of State must update the driver's records to
15reflect such action within 10 days. After suspending or
16revoking the driving privilege of any person who has been
17issued a CLP or CDL from another jurisdiction, the Secretary
18shall originate notification to such issuing jurisdiction
19within 10 days.
20    (h) The "disqualifications" referred to in this Section
21shall not be imposed upon any commercial motor vehicle driver,
22by the Secretary of State, unless the prohibited action(s)
23occurred after March 31, 1992.
24    (i) A person is disqualified from driving a commercial
25motor vehicle in accordance with the following:
26        (1) For 6 months upon a first conviction of paragraph

 

 

09800SB3028ham001- 82 -LRB098 16947 RLC 62522 a

1    (2) of subsection (b) or subsection (b-3) of Section 6-507
2    of this Code.
3        (2) For 2 years upon a second conviction of paragraph
4    (2) of subsection (b) or subsection (b-3) or any
5    combination of paragraphs (2) or (3) of subsection (b) or
6    subsections (b-3) or (b-5) of Section 6-507 of this Code
7    within a 10-year period if the second conviction is a
8    violation of paragraph (2) of subsection (b) or subsection
9    (b-3).
10        (3) For 3 years upon a third or subsequent conviction
11    of paragraph (2) of subsection (b) or subsection (b-3) or
12    any combination of paragraphs (2) or (3) of subsection (b)
13    or subsections (b-3) or (b-5) of Section 6-507 of this Code
14    within a 10-year period if the third or subsequent
15    conviction is a violation of paragraph (2) of subsection
16    (b) or subsection (b-3).
17        (4) For one year upon a first conviction of paragraph
18    (3) of subsection (b) or subsection (b-5) of Section 6-507
19    of this Code.
20        (5) For 3 years upon a second conviction of paragraph
21    (3) of subsection (b) or subsection (b-5) or any
22    combination of paragraphs (2) or (3) of subsection (b) or
23    subsections (b-3) or (b-5) of Section 6-507 of this Code
24    within a 10-year period if the second conviction is a
25    violation of paragraph (3) of subsection (b) or (b-5).
26        (6) For 5 years upon a third or subsequent conviction

 

 

09800SB3028ham001- 83 -LRB098 16947 RLC 62522 a

1    of paragraph (3) of subsection (b) or subsection (b-5) or
2    any combination of paragraphs (2) or (3) of subsection (b)
3    or subsections (b-3) or (b-5) of Section 6-507 of this Code
4    within a 10-year period if the third or subsequent
5    conviction is a violation of paragraph (3) of subsection
6    (b) or (b-5).
7    (j) Disqualification for railroad-highway grade crossing
8violation.
9        (1) General rule. A driver who is convicted of a
10    violation of a federal, State, or local law or regulation
11    pertaining to one of the following 6 offenses at a
12    railroad-highway grade crossing must be disqualified from
13    operating a commercial motor vehicle for the period of time
14    specified in paragraph (2) of this subsection (j) if the
15    offense was committed while operating a commercial motor
16    vehicle:
17            (i) For drivers who are not required to always
18        stop, failing to slow down and check that the tracks
19        are clear of an approaching train or railroad track
20        equipment, as described in subsection (a-5) of Section
21        11-1201 of this Code;
22            (ii) For drivers who are not required to always
23        stop, failing to stop before reaching the crossing, if
24        the tracks are not clear, as described in subsection
25        (a) of Section 11-1201 of this Code;
26            (iii) For drivers who are always required to stop,

 

 

09800SB3028ham001- 84 -LRB098 16947 RLC 62522 a

1        failing to stop before driving onto the crossing, as
2        described in Section 11-1202 of this Code;
3            (iv) For all drivers, failing to have sufficient
4        space to drive completely through the crossing without
5        stopping, as described in subsection (b) of Section
6        11-1425 of this Code;
7            (v) For all drivers, failing to obey a traffic
8        control device or the directions of an enforcement
9        official at the crossing, as described in subdivision
10        (a)2 of Section 11-1201 of this Code;
11            (vi) For all drivers, failing to negotiate a
12        crossing because of insufficient undercarriage
13        clearance, as described in subsection (d-1) of Section
14        11-1201 of this Code.
15        (2) Duration of disqualification for railroad-highway
16    grade crossing violation.
17            (i) First violation. A driver must be disqualified
18        from operating a commercial motor vehicle for not less
19        than 60 days if the driver is convicted of a violation
20        described in paragraph (1) of this subsection (j) and,
21        in the three-year period preceding the conviction, the
22        driver had no convictions for a violation described in
23        paragraph (1) of this subsection (j).
24            (ii) Second violation. A driver must be
25        disqualified from operating a commercial motor vehicle
26        for not less than 120 days if the driver is convicted

 

 

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1        of a violation described in paragraph (1) of this
2        subsection (j) and, in the three-year period preceding
3        the conviction, the driver had one other conviction for
4        a violation described in paragraph (1) of this
5        subsection (j) that was committed in a separate
6        incident.
7            (iii) Third or subsequent violation. A driver must
8        be disqualified from operating a commercial motor
9        vehicle for not less than one year if the driver is
10        convicted of a violation described in paragraph (1) of
11        this subsection (j) and, in the three-year period
12        preceding the conviction, the driver had 2 or more
13        other convictions for violations described in
14        paragraph (1) of this subsection (j) that were
15        committed in separate incidents.
16    (k) Upon notification of a disqualification of a driver's
17commercial motor vehicle privileges imposed by the U.S.
18Department of Transportation, Federal Motor Carrier Safety
19Administration, in accordance with 49 C.F.R. 383.52, the
20Secretary of State shall immediately record to the driving
21record the notice of disqualification and confirm to the driver
22the action that has been taken.
23    (l) A foreign commercial driver is subject to
24disqualification under this Section.
25(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
2698-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of

 

 

09800SB3028ham001- 86 -LRB098 16947 RLC 62522 a

1P.A. 98-722 for the effective date of changes made by P.A.
298-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14.)
 
3    (625 ILCS 5/11-501.1)
4    Sec. 11-501.1. Suspension of drivers license; statutory
5summary alcohol, other drug or drugs, or intoxicating compound
6or compounds related suspension or revocation; implied
7consent.
8    (a) Any person who drives or is in actual physical control
9of a motor vehicle upon the public highways of this State shall
10be deemed to have given consent, subject to the provisions of
11Section 11-501.2, to a chemical test or tests of blood, breath,
12or urine for the purpose of determining the content of alcohol,
13other drug or drugs, or intoxicating compound or compounds or
14any combination thereof in the person's blood if arrested, as
15evidenced by the issuance of a Uniform Traffic Ticket, for any
16offense as defined in Section 11-501 or a similar provision of
17a local ordinance, or if arrested for violating Section 11-401.
18If a law enforcement officer has probable cause to believe the
19person was under the influence of alcohol, other drug or drugs,
20intoxicating compound or compounds, or any combination
21thereof, the law enforcement officer shall request a chemical
22test or tests which shall be administered at the direction of
23the arresting officer. The law enforcement agency employing the
24officer shall designate which of the aforesaid tests shall be
25administered. A urine test may be administered even after a

 

 

09800SB3028ham001- 87 -LRB098 16947 RLC 62522 a

1blood or breath test or both has been administered. For
2purposes of this Section, an Illinois law enforcement officer
3of this State who is investigating the person for any offense
4defined in Section 11-501 may travel into an adjoining state,
5where the person has been transported for medical care, to
6complete an investigation and to request that the person submit
7to the test or tests set forth in this Section. The
8requirements of this Section that the person be arrested are
9inapplicable, but the officer shall issue the person a Uniform
10Traffic Ticket for an offense as defined in Section 11-501 or a
11similar provision of a local ordinance prior to requesting that
12the person submit to the test or tests. The issuance of the
13Uniform Traffic Ticket shall not constitute an arrest, but
14shall be for the purpose of notifying the person that he or she
15is subject to the provisions of this Section and of the
16officer's belief of the existence of probable cause to arrest.
17Upon returning to this State, the officer shall file the
18Uniform Traffic Ticket with the Circuit Clerk of the county
19where the offense was committed, and shall seek the issuance of
20an arrest warrant or a summons for the person.
21    (a-5) (Blank). In addition to the requirements and
22provisions of subsection (a), any person issued a registry card
23under the Compassionate Use of Medical Cannabis Pilot Program
24Act who drives or is in actual physical control of a motor
25vehicle upon the public highways of this State shall be deemed
26to have given consent, subject to the provisions of Section

 

 

09800SB3028ham001- 88 -LRB098 16947 RLC 62522 a

111-501.2, to standardized field sobriety tests approved by the
2National Highway Traffic Safety Administration if arrested, as
3evidenced by the issuance of a Uniform Traffic Ticket, for any
4offense as defined in Section 11-501 or a similar provision of
5a local ordinance, or if arrested for violating Section 11-401.
6The person's status as a registry card holder alone is not a
7sufficient basis for conducting these tests. The officer must
8have an independent, cannabis-related factual basis giving
9reasonable suspicion that the person is driving under the
10influence of cannabis for conducting standardized field
11sobriety tests. This independent basis of suspicion shall be
12listed on the standardized field sobriety test results and any
13influence reports made by the arresting officer.
14    (b) Any person who is dead, unconscious, or who is
15otherwise in a condition rendering the person incapable of
16refusal, shall be deemed not to have withdrawn the consent
17provided by paragraph (a) of this Section and the test or tests
18may be administered, subject to the provisions of Section
1911-501.2.
20    (c) A person requested to submit to a test as provided
21above shall be warned by the law enforcement officer requesting
22the test that a refusal to submit to the test will result in
23the statutory summary suspension of the person's privilege to
24operate a motor vehicle, as provided in Section 6-208.1 of this
25Code, and will also result in the disqualification of the
26person's privilege to operate a commercial motor vehicle, as

 

 

09800SB3028ham001- 89 -LRB098 16947 RLC 62522 a

1provided in Section 6-514 of this Code, if the person is a CDL
2holder. The person shall also be warned that a refusal to
3submit to the test, when the person was involved in a motor
4vehicle accident that caused personal injury or death to
5another, will result in the statutory summary revocation of the
6person's privilege to operate a motor vehicle, as provided in
7Section 6-208.1, and will also result in the disqualification
8of the person's privilege to operate a commercial motor
9vehicle, as provided in Section 6-514 of this Code, if the
10person is a CDL holder. The person shall also be warned by the
11law enforcement officer that if the person submits to the test
12or tests provided in paragraph (a) of this Section and the
13alcohol concentration in the person's blood or breath is 0.08
14or greater, or any amount of a drug, substance, or compound
15resulting from the unlawful use or consumption of cannabis as
16covered by the Cannabis Control Act, a controlled substance
17listed in the Illinois Controlled Substances Act, an
18intoxicating compound listed in the Use of Intoxicating
19Compounds Act, or methamphetamine as listed in the
20Methamphetamine Control and Community Protection Act is
21detected in the person's blood or urine, or if the person fails
22the standardized field sobriety tests as required by paragraph
23(a-5), a statutory summary suspension of the person's privilege
24to operate a motor vehicle, as provided in Sections 6-208.1 and
2511-501.1 of this Code, and a disqualification of the person's
26privilege to operate a commercial motor vehicle, as provided in

 

 

09800SB3028ham001- 90 -LRB098 16947 RLC 62522 a

1Section 6-514 of this Code, if the person is a CDL holder, will
2be imposed.
3    A person who is under the age of 21 at the time the person
4is requested to submit to a test as provided above shall, in
5addition to the warnings provided for in this Section, be
6further warned by the law enforcement officer requesting the
7test that if the person submits to the test or tests provided
8in paragraph (a) or (a-5) of this Section and the alcohol
9concentration in the person's blood or breath is greater than
100.00 and less than 0.08, a suspension of the person's privilege
11to operate a motor vehicle, as provided under Sections 6-208.2
12and 11-501.8 of this Code, will be imposed. The results of this
13test shall be admissible in a civil or criminal action or
14proceeding arising from an arrest for an offense as defined in
15Section 11-501 of this Code or a similar provision of a local
16ordinance or pursuant to Section 11-501.4 in prosecutions for
17reckless homicide brought under the Criminal Code of 1961 or
18the Criminal Code of 2012. These test results, however, shall
19be admissible only in actions or proceedings directly related
20to the incident upon which the test request was made.
21    (d) If the person refuses testing or submits to a test that
22discloses an alcohol concentration of 0.08 or more, or any
23amount of a drug, substance, or intoxicating compound in the
24person's breath, blood, or urine resulting from the unlawful
25use or consumption of cannabis listed in the Cannabis Control
26Act, a controlled substance listed in the Illinois Controlled

 

 

09800SB3028ham001- 91 -LRB098 16947 RLC 62522 a

1Substances Act, an intoxicating compound listed in the Use of
2Intoxicating Compounds Act, or methamphetamine as listed in the
3Methamphetamine Control and Community Protection Act, the law
4enforcement officer shall immediately submit a sworn report to
5the circuit court of venue and the Secretary of State,
6certifying that the test or tests was or were requested under
7paragraph (a) or (a-5) and the person refused to submit to a
8test, or tests, or submitted to testing that disclosed an
9alcohol concentration of 0.08 or more. A sworn report
10indicating refusal or failure of testing under paragraph (a-5)
11of this Section shall include the factual basis of the
12arresting officer's reasonable suspicion that the person was
13under the influence of cannabis. The person's possession of a
14valid registry card under the Compassionate Use of Medical
15Cannabis Pilot Program Act alone is not sufficient basis for
16reasonable suspicion.
17    (e) Upon receipt of the sworn report of a law enforcement
18officer submitted under paragraph (d), the Secretary of State
19shall enter the statutory summary suspension or revocation and
20disqualification for the periods specified in Sections 6-208.1
21and 6-514, respectively, and effective as provided in paragraph
22(g).
23    If the person is a first offender as defined in Section
2411-500 of this Code, and is not convicted of a violation of
25Section 11-501 of this Code or a similar provision of a local
26ordinance, then reports received by the Secretary of State

 

 

09800SB3028ham001- 92 -LRB098 16947 RLC 62522 a

1under this Section shall, except during the actual time the
2Statutory Summary Suspension is in effect, be privileged
3information and for use only by the courts, police officers,
4prosecuting authorities or the Secretary of State, unless the
5person is a CDL holder, is operating a commercial motor vehicle
6or vehicle required to be placarded for hazardous materials, in
7which case the suspension shall not be privileged. Reports
8received by the Secretary of State under this Section shall
9also be made available to the parent or guardian of a person
10under the age of 18 years that holds an instruction permit or a
11graduated driver's license, regardless of whether the
12statutory summary suspension is in effect. A statutory summary
13revocation shall not be privileged information.
14    (f) The law enforcement officer submitting the sworn report
15under paragraph (d) shall serve immediate notice of the
16statutory summary suspension or revocation on the person and
17the suspension or revocation and disqualification shall be
18effective as provided in paragraph (g).
19        (1) In cases where the blood alcohol concentration of
20    0.08 or greater or any amount of a drug, substance, or
21    compound resulting from the unlawful use or consumption of
22    cannabis as covered by the Cannabis Control Act, a
23    controlled substance listed in the Illinois Controlled
24    Substances Act, an intoxicating compound listed in the Use
25    of Intoxicating Compounds Act, or methamphetamine as
26    listed in the Methamphetamine Control and Community

 

 

09800SB3028ham001- 93 -LRB098 16947 RLC 62522 a

1    Protection Act is established by a subsequent analysis of
2    blood or urine collected at the time of arrest, the
3    arresting officer or arresting agency shall give notice as
4    provided in this Section or by deposit in the United States
5    mail of the notice in an envelope with postage prepaid and
6    addressed to the person at his address as shown on the
7    Uniform Traffic Ticket and the statutory summary
8    suspension and disqualification shall begin as provided in
9    paragraph (g). The officer shall confiscate any Illinois
10    driver's license or permit on the person at the time of
11    arrest. If the person has a valid driver's license or
12    permit, the officer shall issue the person a receipt, in a
13    form prescribed by the Secretary of State, that will allow
14    that person to drive during the periods provided for in
15    paragraph (g). The officer shall immediately forward the
16    driver's license or permit to the circuit court of venue
17    along with the sworn report provided for in paragraph (d).
18        (2) (Blank). In cases indicating refusal or failure of
19    testing under paragraph (a-5) of this Section the arresting
20    officer or arresting agency shall give notice as provided
21    in this Section or by deposit in the United States mail of
22    the notice in an envelope with postage prepaid and
23    addressed to the person at his or her address as shown on
24    the Uniform Traffic Ticket and the statutory summary
25    suspension and disqualification shall begin as provided in
26    paragraph (g). This notice shall include the factual basis

 

 

09800SB3028ham001- 94 -LRB098 16947 RLC 62522 a

1    of the arresting officer's reasonable suspicion that the
2    person was under the influence of cannabis. The person's
3    possession of a valid registry card under the Compassionate
4    Use of Medical Cannabis Pilot Program Act alone is not
5    sufficient basis for reasonable suspicion.
6    (g) The statutory summary suspension or revocation and
7disqualification referred to in this Section shall take effect
8on the 46th day following the date the notice of the statutory
9summary suspension or revocation was given to the person.
10    (h) The following procedure shall apply whenever a person
11is arrested for any offense as defined in Section 11-501 or a
12similar provision of a local ordinance:
13    Upon receipt of the sworn report from the law enforcement
14officer, the Secretary of State shall confirm the statutory
15summary suspension or revocation by mailing a notice of the
16effective date of the suspension or revocation to the person
17and the court of venue. The Secretary of State shall also mail
18notice of the effective date of the disqualification to the
19person. However, should the sworn report be defective by not
20containing sufficient information or be completed in error, the
21confirmation of the statutory summary suspension or revocation
22shall not be mailed to the person or entered to the record;
23instead, the sworn report shall be forwarded to the court of
24venue with a copy returned to the issuing agency identifying
25any defect.
26    (i) As used in this Section, "personal injury" includes any

 

 

09800SB3028ham001- 95 -LRB098 16947 RLC 62522 a

1Type A injury as indicated on the traffic accident report
2completed by a law enforcement officer that requires immediate
3professional attention in either a doctor's office or a medical
4facility. A Type A injury includes severely bleeding wounds,
5distorted extremities, and injuries that require the injured
6party to be carried from the scene.
7(Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11;
897-1150, eff. 1-25-13; 98-122, eff. 1-1-14.)
 
9    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
10    Sec. 11-501.2. Chemical and other tests.
11    (a) Upon the trial of any civil or criminal action or
12proceeding arising out of an arrest for an offense as defined
13in Section 11-501 or a similar local ordinance or proceedings
14pursuant to Section 2-118.1, evidence of the concentration of
15alcohol, other drug or drugs, or intoxicating compound or
16compounds, or any combination thereof in a person's blood or
17breath at the time alleged, as determined by analysis of the
18person's blood, urine, breath or other bodily substance, shall
19be admissible. Where such test is made the following provisions
20shall apply:
21        1. Chemical analyses of the person's blood, urine,
22    breath or other bodily substance to be considered valid
23    under the provisions of this Section shall have been
24    performed according to standards promulgated by the
25    Department of State Police by a licensed physician,

 

 

09800SB3028ham001- 96 -LRB098 16947 RLC 62522 a

1    registered nurse, trained phlebotomist, licensed
2    paramedic, or other individual possessing a valid permit
3    issued by that Department for this purpose. The Director of
4    State Police is authorized to approve satisfactory
5    techniques or methods, to ascertain the qualifications and
6    competence of individuals to conduct such analyses, to
7    issue permits which shall be subject to termination or
8    revocation at the discretion of that Department and to
9    certify the accuracy of breath testing equipment. The
10    Department of State Police shall prescribe regulations as
11    necessary to implement this Section.
12        2. When a person in this State shall submit to a blood
13    test at the request of a law enforcement officer under the
14    provisions of Section 11-501.1, only a physician
15    authorized to practice medicine, a licensed physician
16    assistant, a licensed advanced practice nurse, a
17    registered nurse, trained phlebotomist, or licensed
18    paramedic, or other qualified person approved by the
19    Department of State Police may withdraw blood for the
20    purpose of determining the alcohol, drug, or alcohol and
21    drug content therein. This limitation shall not apply to
22    the taking of breath or urine specimens.
23        When a blood test of a person who has been taken to an
24    adjoining state for medical treatment is requested by an
25    Illinois law enforcement officer, the blood may be
26    withdrawn only by a physician authorized to practice

 

 

09800SB3028ham001- 97 -LRB098 16947 RLC 62522 a

1    medicine in the adjoining state, a licensed physician
2    assistant, a licensed advanced practice nurse, a
3    registered nurse, a trained phlebotomist acting under the
4    direction of the physician, or licensed paramedic. The law
5    enforcement officer requesting the test shall take custody
6    of the blood sample, and the blood sample shall be analyzed
7    by a laboratory certified by the Department of State Police
8    for that purpose.
9        3. The person tested may have a physician, or a
10    qualified technician, chemist, registered nurse, or other
11    qualified person of their own choosing administer a
12    chemical test or tests in addition to any administered at
13    the direction of a law enforcement officer. The failure or
14    inability to obtain an additional test by a person shall
15    not preclude the admission of evidence relating to the test
16    or tests taken at the direction of a law enforcement
17    officer.
18        4. Upon the request of the person who shall submit to a
19    chemical test or tests at the request of a law enforcement
20    officer, full information concerning the test or tests
21    shall be made available to the person or such person's
22    attorney.
23        5. Alcohol concentration shall mean either grams of
24    alcohol per 100 milliliters of blood or grams of alcohol
25    per 210 liters of breath.
26    (a-5) Law enforcement officials may use standardized field

 

 

09800SB3028ham001- 98 -LRB098 16947 RLC 62522 a

1sobriety tests approved by the National Highway Traffic Safety
2Administration when conducting investigations of a violation
3of Section 11-501 or similar local ordinance by drivers
4suspected of driving under the influence of cannabis. The
5General Assembly finds that standardized field sobriety tests
6approved by the National Highway Traffic Safety Administration
7are divided attention tasks that are intended to determine if a
8person is under the influence of cannabis. The purpose of these
9tests is to determine the effect of the use of cannabis on a
10person's capacity to think and act with ordinary care and
11therefore operate a motor vehicle safely. Therefore, the
12results of these standardized field sobriety tests,
13appropriately administered, shall be admissible in the trial of
14any civil or criminal action or proceeding arising out of an
15arrest for a cannabis-related offense as defined in Section
1611-501 or a similar local ordinance or proceedings under
17Section 2-118.1 or 2-118.2. Where a test is made the following
18provisions shall apply:
19        1. The person tested may have a physician, or a
20    qualified technician, chemist, registered nurse, or other
21    qualified person of their own choosing administer a
22    chemical test or tests in addition to the standardized
23    field sobriety test or tests administered at the direction
24    of a law enforcement officer. The failure or inability to
25    obtain an additional test by a person does not preclude the
26    admission of evidence relating to the test or tests taken

 

 

09800SB3028ham001- 99 -LRB098 16947 RLC 62522 a

1    at the direction of a law enforcement officer.
2        2. Upon the request of the person who shall submit to a
3    standardized field sobriety test or tests at the request of
4    a law enforcement officer, full information concerning the
5    test or tests shall be made available to the person or the
6    person's attorney.
7        3. At the trial of any civil or criminal action or
8    proceeding arising out of an arrest for an offense as
9    defined in Section 11-501 or a similar local ordinance or
10    proceedings under Section 2-118.1 or 2-118.2 in which the
11    results of these standardized field sobriety tests are
12    admitted, the cardholder may present and the trier of fact
13    may consider evidence that the card holder lacked the
14    physical capacity to perform the standardized field
15    sobriety tests.
16    (b) Upon the trial of any civil or criminal action or
17proceeding arising out of acts alleged to have been committed
18by any person while driving or in actual physical control of a
19vehicle while under the influence of alcohol, the concentration
20of alcohol in the person's blood or breath at the time alleged
21as shown by analysis of the person's blood, urine, breath, or
22other bodily substance shall give rise to the following
23presumptions:
24        1. If there was at that time an alcohol concentration
25    of 0.05 or less, it shall be presumed that the person was
26    not under the influence of alcohol.

 

 

09800SB3028ham001- 100 -LRB098 16947 RLC 62522 a

1        2. If there was at that time an alcohol concentration
2    in excess of 0.05 but less than 0.08, such facts shall not
3    give rise to any presumption that the person was or was not
4    under the influence of alcohol, but such fact may be
5    considered with other competent evidence in determining
6    whether the person was under the influence of alcohol.
7        3. If there was at that time an alcohol concentration
8    of 0.08 or more, it shall be presumed that the person was
9    under the influence of alcohol.
10        4. The foregoing provisions of this Section shall not
11    be construed as limiting the introduction of any other
12    relevant evidence bearing upon the question whether the
13    person was under the influence of alcohol.
14    (c) 1. If a person under arrest refuses to submit to a
15chemical test under the provisions of Section 11-501.1,
16evidence of refusal shall be admissible in any civil or
17criminal action or proceeding arising out of acts alleged to
18have been committed while the person under the influence of
19alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof was driving or in actual
21physical control of a motor vehicle.
22    2. Notwithstanding any ability to refuse under this Code to
23submit to these tests or any ability to revoke the implied
24consent to these tests, if a law enforcement officer has
25probable cause to believe that a motor vehicle driven by or in
26actual physical control of a person under the influence of

 

 

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1alcohol, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof has caused the death or
3personal injury to another, the law enforcement officer shall
4request, and that person shall submit, upon the request of a
5law enforcement officer, to a chemical test or tests of his or
6her blood, breath or urine for the purpose of determining the
7alcohol content thereof or the presence of any other drug or
8combination of both.
9    This provision does not affect the applicability of or
10imposition of driver's license sanctions under Section
1111-501.1 of this Code.
12    3. For purposes of this Section, a personal injury includes
13any Type A injury as indicated on the traffic accident report
14completed by a law enforcement officer that requires immediate
15professional attention in either a doctor's office or a medical
16facility. A Type A injury includes severe bleeding wounds,
17distorted extremities, and injuries that require the injured
18party to be carried from the scene.
19    (d) If a person refuses standardized field sobriety tests
20under Section 11-501.9 of this Code, evidence of refusal shall
21be admissible in any civil or criminal action or proceeding
22arising out of acts committed while the person was driving or
23in actual physical control of a vehicle and alleged to have
24been impaired by the use of cannabis.
25(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;
2697-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff.

 

 

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18-15-14.)
 
2    (625 ILCS 5/11-501.9 new)
3    Sec. 11-501.9. Suspension of drivers license; medical
4cannabis card holder; failure or refusal of field sobriety
5tests; implied consent.
6    (a) A person who has been issued a registry identification
7card under the Compassionate Use of Medical Cannabis Pilot
8Program Act who drives or is in actual physical control of a
9motor vehicle upon the public highways of this State shall be
10deemed to have given consent to standardized field sobriety
11tests approved by the National Highway Traffic Safety
12Administration, under subsection (a-5) of Section 11-501.2 of
13this Code, if detained by a law enforcement officer who has a
14reasonable suspicion that the person is driving or is in actual
15physical control of a motor vehicle while impaired by the use
16of cannabis. The law enforcement officer must have an
17independent, cannabis-related factual basis giving reasonable
18suspicion that the person is driving or in actual physical
19control of a motor vehicle while impaired by the use of
20cannabis for conducting standardized field sobriety tests,
21which shall be included with the results of the field sobriety
22tests in any report made by the law enforcement officer who
23requests the test. The person's possession of a registry
24identification card issued under the Compassionate Use of
25Medical Cannabis Pilot Program Act alone is not a sufficient

 

 

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1basis for reasonable suspicion.
2    For purposes of this Section, a law enforcement officer of
3this State who is investigating a person for an offense under
4Section 11-501 of this Code may travel into an adjoining state
5where the person has been transported for medical care to
6complete an investigation and to request that the person submit
7to field sobriety tests under this Section.
8    (b) A person who is unconscious or otherwise in a condition
9rendering the person incapable of refusal, shall be deemed to
10have withdrawn the consent provided by subsection (a) of this
11Section.
12    (c) A person requested to submit to field sobriety tests as
13provided in this Section, shall be warned by the law
14enforcement officer requesting the field sobriety tests that a
15refusal to submit to the field sobriety tests will result in
16the suspension of the person's privilege to operate a motor
17vehicle, as provided in subsection (f) of this Section. The
18person shall also be warned by the law enforcement officer that
19if the person submits to field sobriety tests as provided in
20this Section which disclose the person is impaired by the use
21of cannabis, a suspension of the person's privilege to operate
22a motor vehicle as provided in subsection (f) of this Section,
23will be imposed.
24    (d) The results of field sobriety tests administered under
25this Section shall be admissible in a civil or criminal action
26or proceeding arising from an arrest for an offense as defined

 

 

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1in Section 11-501 of this Code or a similar provision of a
2local ordinance. These test results shall be admissible only in
3actions or proceedings directly related to the incident upon
4which the test request was made.
5    (e) If the person refuses field sobriety tests or submits
6to field sobriety tests that disclose the person is impaired by
7the use of cannabis, the law enforcement officer shall
8immediately submit a sworn report to the circuit court of venue
9and the Secretary of State certifying that testing was
10requested under this Section and that the person refused to
11submit to field sobriety tests or submitted to field sobriety
12tests that disclosed the person was impaired by the use of
13cannabis. The sworn report must include the law enforcement
14officer's factual basis for reasonable suspicion that the
15person was impaired by the use of cannabis.
16    (f) Upon receipt of the sworn report of a law enforcement
17officer submitted under subsection (e) of this Section, the
18Secretary of State shall enter the suspension to the driving
19record as follows:
20        (1) for refusal or failure to complete field sobriety
21    tests, a 12 month suspension shall be entered; or
22        (2) for submitting to field sobriety tests that
23    disclosed the driver was impaired by the use of cannabis, a
24    6 month suspension shall be entered.
25    The Secretary of State shall confirm the suspension by
26mailing a notice of the effective date of the suspension to the

 

 

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1person and the court of venue. However, should the sworn report
2be defective for insufficient information or be completed in
3error, the confirmation of the suspension shall not be mailed
4to the person or entered to the record; instead, the sworn
5report shall be forwarded to the court of venue with a copy
6returned to the issuing agency identifying the defect.
7    (g) The law enforcement officer submitting the sworn report
8under subsection (e) of this Section shall serve immediate
9notice of the suspension on the person and the suspension shall
10be effective as provided in subsection (h) of this Section. If
11immediate notice of the suspension cannot be given, the
12arresting officer or arresting agency shall give notice by
13deposit in the United States mail of the notice in an envelope
14with postage prepaid and addressed to the person at his or her
15address as shown on the Uniform Traffic Ticket and the
16suspension shall begin as provided in subsection (h) of this
17Section. The officer shall confiscate any Illinois driver's
18license or permit on the person at the time of arrest. If the
19person has a valid driver's license or permit, the officer
20shall issue the person a receipt, in a form prescribed by the
21Secretary of State, that will allow the person to drive during
22the period provided for in subsection (h) of this Section. The
23officer shall immediately forward the driver's license or
24permit to the circuit court of venue along with the sworn
25report under subsection (e) of this Section.
26    (h) The suspension under subsection (f) of this Section

 

 

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1shall take effect on the 46th day following the date the notice
2of the suspension was given to the person.
3    (i) When a driving privilege has been suspended under this
4Section and the person is subsequently convicted of violating
5Section 11-501 of this Code, or a similar provision of a local
6ordinance, for the same incident, any period served on
7suspension under this Section shall be credited toward the
8minimum period of revocation of driving privileges imposed
9under Section 6-205 of this Code.
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".